Bobtail Website User Agreement

Bobtail Website User Agreement

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE BOBTAIL WEBSITE.

Section A – GENERAL TERMS AND CONDITIONS OF USE

1. DEFINITIONS
   1. In this user agreement, the terms below have the following meanings:

2. Acceptance and Consent by User
   1. By using the Site and logging into the BOBTAIL MEDI-CARE App, the User expressly agrees to the terms and conditions of this Agreement. This Agreement applies to any information accessed or acquired via the Site.
   2. Users unconditionally and irrevocably indemnify and hold harmless RCL, as well as its holding company, its subsidiaries and any subsidiaries of its holding company, and their successors and assigns, directors, employees, agents or consultants against all and any losses, claims, proceeding, actions, damages, (direct, consequential or otherwise) liability, demands, expenses, legal costs (on an attorney and own client basis) howsoever arising out of, based upon, or in connection with (directly or indirectly) the User’s use of the Site or any action associated with the terms of this agreement.
3. Conditions of Use
   1. This Agreement applies to any and all use of the BOBTAIL MEDI-CARE App, including (i) the Site and (ii) any third party website or mobile application linked to the Site.
   2. The User’s access to and use of the BOBTAIL MEDI-CARE App is conditional upon the User’s acceptance of and compliance with this Agreement. Should the User disagree with any provision set out in this Agreement, such User must refrain from accessing the Site and/or using any other services related to the BOBTAIL MEDI-CARE App.
   3. RCL may amend and/or replace this Agreement from time to time. The current version of the Agreement will apply each time that the User accesses and uses the Site.
   4. RCL may, in its sole discretion, refuse service, remove or edit content, or terminate access to the User.
4. User Account
   1. The User warrants that (i) it has fully disclosed all necessary facts; (ii) all information provided to RCL on or via the Site will be true, correct and current; and undertakes to update the information as and when required.
   2. RCL may refuse to provide the BOBTAIL MEDI-CARE Pet accident Benefit to the User if it is unable to verify any information provided by the User.
   3. RCL may, in its reasonable discretion, deny access to the Site by a User as a result of a breach of this Agreement, including but not limited to:
      1. if the User provides incorrect, inaccurate, misleading information; and
      2. if the User makes use of the Site for inappropriate or unsolicited purposes.
5. Electronic Communication
   1. When the User visits the Site or sends e-mails to RCL, it accepts that RCL can communicate with the User via electronic communication, which shall include e-mail, SMS and/or push notifications, for any purpose related to the BOBTAIL MEDI-CARE App and/or the Site.
   2. The User agrees and acknowledges that electronic communication will be sufficient for purposes of legal service and notices.
   3. Any electronic communication sent to the User will be regarded to have been received by the User upon being sent by RCL to the e-mail address and/or the cellphone number provided by the User, or through the application registered to the User.
6. Confidentiality
   1. The User shall at all times keep the Confidential Information secret and shall not directly or indirectly:
      1. use or permit the use of the Confidential Information save as may strictly be necessary; and/or
      2. disclose any Confidential Information to any third party for any reason or purpose whatsoever, other than its Personnel and only to the extent that such disclosure is reasonably necessary and on a “need to know” basis, and provided that such Personnel are either bound by general confidentiality undertakings no less stringent than those contained in this Agreement or agree, in writing, to be bound by the terms and conditions of this Agreement prior to such disclosure.
7. Copyright
   1. All content published on or via the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads (which includes but is not limited to the certificates of analysis), data compilations, and software) (“proprietary material”), is the property of, or is licensed to, RCL and as such is protected from infringement by local and international legislation and treaties.
   2. Irrespective of the existence of copyright, the User acknowledges that RCL is the proprietor of all material on the Site (except where a third party is indicated as the proprietor) and that the User has no right, title or interest in any such material.
   3. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Site is granted to the User. Except with RCL’s express written permission, no proprietary material from the Site may be copied, retransmitted, used, altered or disseminated.
8. Disclaimer and Indemnity
   1. RCL does not guarantee the operation of the Site or the information, content, tools or materials on the Site. Use of the Site is at the risk of the User and RCL will not be liable for any loss, liability, harm or damage caused to the User as a result of use of the Site.
   2. The User acknowledges and understands that the information included on the Site, or received in relation to the BOBTAIL MEDI-CARE App, should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002.
   3. While RCL makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, RCL makes no guarantee about the suitability of the information on the Site or whether it is complete accurate, up to date or appropriate.
   4. RCL reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
   5. The User accepts that some of the information, content, tools or materials on the Site come from external sources, and agrees that RCL is not responsible, and will not be held liable, for any information or content, received from these external sources.
   6. RCL cannot be held responsible for any cell phone or data charges as a result of the User’s use of the Site.
   7. The User accepts full responsibility for all activities that occur under its access details or password and accepts responsibility for maintaining the confidentiality of its access details and password.
   8. RCL will not be responsible for any consequences resulting from the User’s response to any communication sent by a “phisher” or a “spoofer”.
   9. The User defends, indemnifies and holds harmless RCL, its employees, contractors, agents, officers, directors and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) the use and access of the Site and/or the BOBTAIL MEDI-CARE App, by the User or any person using that User’s access details and password; (ii) a breach of this Agreement, or (iii) any content posted.
   10. In no event shall RCL, its directors, officers, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) access to or use of or inability to access or use the Site and/or the BOBTAIL MEDI-CARE App; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site and/or the BOBTAIL MEDI-CARE App; and (iv) unauthorized access, use or alteration of the User’s transmissions or content, howsoever caused, and whether or not it has been informed of the possibility of such damage.
9. Linking to Third Party Websites
   1. RCL may provide links to third party websites on the Site. These links are provided to the User for convenience purposes only and RCL does not endorse, nor does the inclusion of any link imply RCL’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
   2. While RCL tries to provide links only to reputable websites or online partners, RCL cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of RCL. RCL is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Site.
   3. From time to time, RCL may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Site. RCL will employ all commercially reasonable endeavours to ensure that third parties comply with the Privacy Policy and generally accepted security standards.
10. General Provisions
    1. This Agreement (including the Privacy Policy and Confidentiality Policy) shall be governed in all respects by the laws of the Republic of South Africa.
    2. RCL chooses its registered address as the address for delivery of all notices and/or legal process in terms of this Agreement.
    3. No failure or delay by RCL to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this Agreement.
    4. For any queries in relation to the Site and/or the BOBTAIL MEDI-CARE App, please contact the BOBTAIL MEDI-CARE SUPPORT TEAM on e-mail: support@bobtail.co.za.

SECTION B – Privacy Policy

1. The General Principles of the Privacy Policy
   1. This Privacy Policy covers how RCL treats Personal Information collected electronically when the User uses the Site, participates in the BOBTAIL MEDI-CARE App, communicates with RCL, registers or applies online for any RCL related products or services
2. When dealing with Personal Information:
   1. RCL will only Process Personal Information with consent of the User (acquired through this Agreement, elsewhere on the Site or otherwise in relation to the BOBTAIL MEDI-CARE App), unless RCL is legally required to do so;
   2. RCL takes reasonable care to prevent loss of, damage to or unauthorised destruction of Personal Information and unlawful access to or Processing of Personal Information;
   3. RCL will use non-identifying/de-personalised data for statistical and research purposes; and
   4. By using the Site, participating in the BOBTAIL MEDI-CARE App, registering or applying online for any RCL related products or services, or contacting RCL electronically, the User expressly consents to RCL Processing Personal Information for the purposes set out herein, elsewhere on the Site or otherwise in relation to the BOBTAIL MEDI-CARE App and expressly consents to the further Processing of Personal Information by RCL or by third parties (Personal Information will only be shared with third parties to the extent necessary for RCL to offer the services in relation to the BOBTAIL MEDI-CARE App which may include sharing the User’s information within the RCL community).
3. Storage of Personal Information
   1. Personal Information will be stored in RCL’s databases for as long as the User accesses the Site and/or participates in the BOBTAIL MEDI-CARE App and for a reasonable time after the User has ceased accessing the Site and/or participating in the BOBTAIL MEDI-CARE App. If the User chooses to delete its account, Personal Information will be permanently deleted, unless RCL or any third party is required to store such Personal Information in accordance with any law or regulation.
   2. The User accepts that RCL may store Personal Information outside of the region or country that the User may submit or use it in.
4. Reasons for Processing Personal Information
   1. The following are some of the reasons why RCL would collect Personal Information:
      1. to Process the User’s instructions or requests and to personalise and tailor services and/or products to meet the needs of the User;
      2. photos uploaded or otherwise provided by the User, can be used and displayed on the BOBTAIL MEDI-CARE App; and
      3. to collect, analyse and combine Personal Information for compilation of the Members or Members group on the Site and BOBTAIL MEDI-CARE App.
   2. RCL will not sell, rent or provide Personal Information to unauthorised third parties for their use unrelated to the BOBTAIL MEDI-CARE App, without the User’s consent.
5. Correction and Status of Personal Information
   1. If the User wants to update, delete or correct any Personal Information held by RCL, or withdraw its consent for RCL to use its Personal Information, the User may do so on the Site or e-mail RCL for assistance.
   2. The User may, at any time, request:
      1. RCL to confirm whether or not it holds Personal Information about the User;
      2. the record or a description of the Personal Information about the User held by RCL; and
      3. information about the identity of all third parties or categories of third parties, who have, or have had, access to the User’s Personal Information.
6. Third Parties
   1. RCL may enter into arrangements with its partners or other third-party suppliers which will require RCL to disclose Personal Information, some of such third parties may include insurance providers, data analysts, marketing firms and professional advisers.
7. Cookies and Online advertising
   1. RCL may use information that is sent from the Site to the User’s hard drive, where it is saved (“cookies”). RCL also collects information about how the User uses the website, the User’s preferences and past browsing history.
   2. RCL may engage third parties that help RCL deliver banner advertisements and other online communications. The third parties may collect and use information about the User to help RCL understand the offers, promotions, and types of advertising that are most appealing to the User. Such third parties may, in turn, use cookies.
8. Changes to the Privacy Policy
   1. RCL may amend the Privacy Policy from time to time. RCL will notify the User of any material changes within a reasonable time, however, the User should familiarise itself with this Privacy Policy regularly. What constitutes a material change will be determined at RCL’s sole discretion.
   2. The current version of the Privacy Policy will govern the respective rights and obligations between the User and RCL each time that the User accesses and uses the Site.
9. Acknowledgement
   1. The User hereby acknowledges that it is aware of the following:
      1. the Personal Information being collected;
      2. the name and address of RCL;
      3. the purpose for which the Personal Information is being collected;
      4. that providing Personal Information is voluntary;
      5. failure to provide Personal Information will prevent RCL from being able to offer the User access to the BOBTAIL MEDI-CARE App;
      6. the identity of RCL as the recipient of the Personal Information;
      7. the nature or category of the Personal Information;
      8. the existence of the User’s right of access to and the right to rectify the Personal Information provided by the User;
      9. the existence of the right to object to the Processing of Personal Information; and
      10. the right to lodge a complaint to the Information Regulator at:

Physical Address:
33 Hoofd Street, Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg.
Tel: 012 406 4818
E-mail: inforeg@justice.gov.za

SECTION C – Community Guidelines

1. The Community Guidelines are to be read and understood together with Section A and Section B of the Agreement.
2. To the extent that the Site has a community aspect or links to external social media platforms related to the Programme, such social aspects are aimed at forming a sense of community, helping people be inspired by the actions of key influencers, experts, friends and people that share a passion for their own wellbeing and the wellbeing of their Pets.
3. As part of this community aspect, the User may post personal opinions, messages and ideas to the Site and/or social media platforms.
4. The User undertakes not to post content to the Site that may be illegal, defamatory, infringing, harassing, obscene, commercial/personal marketing, profane, untrue, incorrect, harmful, or which would reasonably be regarded as inappropriate, and the User accepts that BOBTAIL MEDI-CARE may remove this content from the Site or any social media platform.
5. By posting content the User:
   1. grants BOBTAIL MEDI-CARE a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sub-license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit such content in relation to the Programme; and
   2. represents that it owns the content, and/or has the right to use it and the right to grant BOBTAIL MEDI-CARE the rights and license as provided in this Agreement, and that the posting of the content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
6. The User hereby accepts and acknowledges that a violation of the Community Guidelines will constitute a material breach of the Agreement and BOBTAIL MEDI-CARE will, without derogating from any right which it may have under the Agreement, any other agreement, legislation or the common law, have the right to discontinue any service provided to the User and remove the User’s access from the Site or social media platform.
7. BOBTAIL MEDI-CARE does not curate, control, filter or read postings on the Site on an ongoing basis, and the User acknowledges and agrees that BOBTAIL MEDI-CARE shall not be responsible, in any way, for any User postings. The User shall indemnify BOBTAIL MEDI-CARE against any liability, claim, damage or loss of whatsoever nature that may result from the User’s postings to the Site or any social media platform.