1. ACCEPTANCE OF TERMS
This Agreement, which incorporates by reference other provisions applicable to use of www.wildpharm.co.za, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in www.wildpharm.co.za, sets forth the terms and conditions that apply to use of www.wildpharm.co.za by the user. By using www.wildpharm.co.za (other than to read this agreement for the first time), the user agrees to comply with all of the terms and conditions hereof. The right to use www.wildpharm.co.za is personal to the user and is not transferable to any other person or entity. The user is responsible for all use of the user’s account details (under any screen name or password) and for ensuring that all use of the user’s account details comply fully with the provisions of this agreement. The user shall be responsible for protecting the confidentiality of the user’s password(s), if any.
Wildlife Pharmaceuticals shall have the right at any time to change or discontinue any aspect or feature of www.wildpharm.co.za, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGES TO TERMS
Wildlife Pharmaceuticals shall have the right at any time to change or modify the terms and conditions applicable to the user’s use of www.wildpharm.co.za, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.wildpharm.co.za, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of www.wildpharm.co.za by the user after such notice shall be deemed to constitute acceptance by the user of such changes, modifications, or additions.
3. DESCRIPTION OF SERVICES
Through its web property, Wildlife Pharmaceuticals provides the user with access to a variety of resources, including download areas and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
Certain services, such as the provision of certain product information, are only available to veterinary and medical professionals. To access these services, medical and veterinary professionals will be required to register on the site as registered users. Should a user choose not to register or provide complete personal information, the user will still be able to access most of the site but will be unable to access areas that require registration. When registering, the user will be asked to provide specific personal information and acknowledge that they are a medical or veterinary professional. In doing so, Wildlife Pharmaceuticals is indemnified from any wrongdoing in providing product-related information to registered users. As a registered user, the user will also be able to subscribe to services such as electronic newsletters and marketing communications.
4. USER CONDUCT
The user shall use www.wildpharm.co.za for lawful purposes only. The user shall not post or transmit through www.wildpharm.co.za any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Wildlife Pharmaceuticals ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by the user that in Wildlife Pharmaceuticals’ discretion restricts or inhibits any other users from using or enjoying www.wildpharm.co.za will not be permitted. The user shall not use www.wildpharm.co.za to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of the users to become subscribers of other on-line information services competitive with Wildlife Pharmaceuticals.
www.wildpharm.co.za contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.wildpharm.co.za are copyrighted as a collective work under the South Africa copyright laws. Wildlife Pharmaceuticals owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. The user may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The user may download copyrighted material for the user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Wildlife Pharmaceuticals and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
The user shall not upload, post, or otherwise make available on www.wildpharm.co.za any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user. The user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.wildpharm.co.za, the user automatically grants, or warrants that the owner of such material has expressly granted Wildlife Pharmaceuticals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other the user to access, view, store or reproduce the material for that the user’s personal use. The user hereby grants Wildlife Pharmaceuticals the right to edit, copy, publish and distribute any material made available on www.wildpharm.co.za by the user.
The foregoing provisions are for the benefit of Wildlife Pharmaceuticals, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires the user to open an account, the user must complete the registration process by providing Wildlife Pharmaceuticals with current, complete, and accurate information as prompted by the applicable registration form. The user will be able to update this information at any time by accessing their user profile on the site. The user will choose an appropriate and confidential password and a username. The user is entirely responsible for maintaining the confidentiality of the user’s password and account details. Furthermore, the user is entirely responsible for any and all activities that occur under the user’s account. The user agrees to notify Wildlife Pharmaceuticals immediately of any unauthorized use of the user’s account or any other breach of security. Wildlife Pharmaceuticals will not be liable for any loss that the user may incur as a result of someone else using the user’s password or account, either with or without the user’s knowledge. However, the user could be held liable for losses incurred by Wildlife Pharmaceuticals or another party due to someone else using the user’s account or password. The user may not use anyone else’s account at any time, without the permission of the account holder.
6. PROTECTION OF PERSONAL INFORMATION
Wildlife Pharmaceuticals shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”), the Protection of Personal Information Act, Act 4 of 2013 (“POPI”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”). Wildlife Pharmaceuticals collects, stores, and uses the user’s information primarily for the following purposes:
· To communicate requested information to the User
· To provide services to the User as requested by the User
· To authenticate the User
· To provide the User with access to restricted pages on this website
· To compile non-personal statistical information about browsing habits, click patterns and access to the Agency’s website
Wildlife Pharmaceuticals has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal information is never shared outside the company without your permission. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in South Africa or any other country where Wildlife Pharmaceuticals, its subsidiaries, affiliates, or agents are located. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.
7. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use documents (such as white papers, peer-reviewed publication, theses, press releases, datasheets, product information sheet and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Wildlife Pharmaceuticals and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Wildlife Pharmaceuticals and/or its respective suppliers herby disclaim all warranties and conditions with regard to this information, including all warranties and conditions or merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall Wildlife Pharmaceuticals and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other wrongful action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Wildlife Pharmaceuticals and/or its respective suppliers may make improvements and/or changes in the product(s) described herein at any time.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The user expressly agrees that the use of www.wildpharm.co.za is at the user’s sole risk. Neither Wildlife Pharmaceuticals, its affiliates or any of its respective employees, agents, third party content providers or licensors warrant that www.wildpharm.co.za will be uninterrupted or error free; not do they make any warranty as to the results that may be obtained from the use of www.wildpharm.co.za, or as to the accuracy, reliability or content of any information, service, or merchandise provided through www.wildpharm.co.za.
www.wildpharm.co.za is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties or merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, errors, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record whether for breach of contract, wrongful behaviour, negligence, or under any other cause of action. The use specifically acknowledges that Wildlife Pharmaceuticals is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely on the user.
In no event will Wildlife Pharmaceuticals, or any person or entity involved in creating, producing, or distributing www.wildpharm.co.za, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use www.wildpharm.co.za. The user hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above, neither Wildlife Pharmaceuticals, nor its affiliated, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in www.wildpharm.co.za, or any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom of occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
9. LINKS TO THIRD PARTY SITES
The links in this area will let you leave the Wildlife Pharmaceuticals site. The linked sites are not under the control of Wildlife Pharmaceuticals and Wildlife Pharmaceuticals is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Wildlife Pharmaceuticals is not responsible for webcasting, or any other form of transmission received from any linked site. Wildlife Pharmaceuticals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wildlife Pharmaceuticals of the site.
Either Wildlife Pharmaceuticals or the user may terminate this agreement at any time. Without limiting the foregoing, Wildlife Pharmaceuticals shall have the right to immediately terminate the user’s account in the event of any conduct by the user which Wildlife Pharmaceuticals, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this agreement.
This agreement and any operating rules for www.wildpharm.co.za established by Wildlife Pharmaceuticals constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of South Africa, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
12. COPYRIGHT NOTICE
Wildlife Pharmaceuticals and its logos are trademarks of Wildlife Pharmaceuticals (Pty) Ltd. All rights reserved. All other trademarks appearing on Wildlife Pharmaceuticals are the property of their respective owners.