ATTENTION: This legal notice applies to the entire contents of this
website under the domain name medicanimal.com and to any correspondence
by e-mail between us and you.
Please read these terms
carefully before using this Website. Using this Website indicates that
you accept these terms. If you do not accept these terms, do not use
this Website. In this legal notice reference to "we", "us" and "our" is
to Medicanimal Ltd..
1. Introduction
- 1.1
By accessing any part of this Website, you shall be deemed to have
accepted this legal notice and all other terms and conditions set out
on this Website in full. If you do not accept this legal notice or the
other terms and conditions set out on this Website in full, you must
leave this Website immediately.
- 1.2 We may revise this legal
notice and the other terms and conditions set out on this Website at
any time by updating this posting. You should check this Website from
time to time to review the then current legal notice and terms and
conditions, because it is binding on you. Certain provisions of this
legal notice and the terms and conditions set out on this Website may
be superseded by expressly designated legal notices or terms located on
particular pages on this Website
2. Transctions Concluded Through Our Website
- 2.1
Contracts for the supply of goods formed through our Website or as a
result of visits made by you are governed by this legal notice and our
Terms and Conditions. Please ensure that you have read this legal
notice, our Terms and Conditions and all other terms and conditions set
out on this Website because they are binding on you.
- 2.2 We
shall endeavour to ensure that the supply of goods through our Website
or as a result of visits made by you shall comply with the Veterinary
Medicines Regulations 2005, as amended from time to time. For the
purposes of this legal notice "goods" shall mean any goods agreed to be
supplied by us to you in accordance with the terms and conditions set
out on this Website.
3. Your Responsibilities In Respect Of The Purchse Of Goods
-
3.1 In order that we may ascertain the suitability of the supply of
certain goods to you, you will be requested to supply certain key
information to us at registration and at checkout. The key information
we will collect from you will include without limitation to the
foregoing generality patient details including species, breed and the
date of birth of the patient. It is extremely important that all
information you supply to us is accurate and detailed in all respects
because we will, in good faith, rely entirely on the information you
supply to us in order that we obtain appropriate knowledge of your
requirements to enable us to provide the appropriate advice to you and
prescribe appropriate goods to you (if at all). Any false or inaccurate
information you supply to us could result in certain goods being
prescribed to you that are unsuitable or not entirely appropriate for
the intended use you have specified to us. Therefore, you hereby
undertake at all times to supply true and accurate information to us
and you hereby acknowledge that we shall have no liability or
responsibility for any and all loss or damage that may result to you or
a third party including without limitation direct loss or Indirect Loss
(as defined in clause 7 of this legal notice) incurred due to our
reliance on inaccurate or false information supplied by you or on your
behalf in connection with the prescription of certain goods
- 3.2
Prior to the purchase of goods, it is important that you are satisfied
regarding the following matters: the appropriateness of particular
goods, correct use, storage, handling, waste disposal and correct
administration of goods.
- 3.3 In order that you are satisfied
regarding the matters set out in clause 3.2 in respect of veterinary
medicinal products, we ask that you visit (1) the National Office of
Animal Health (NOAH) website,www.noah.co.uk
and read the data sheet(s) that apply to the veterinary medicinal
products that you intend to purchase, prior to confirming and
proceeding with purchase of veterinary medicinal products.
- 3.4
The Product Information area contains information and advice regarding
administration of veterinary medicinal products in respect of all
veterinary medicinal products that are supplied by us through this
Website. By confirming that you have read this legal notice you confirm
that you are satisfied that you have sufficient understanding regarding
the matters set out in clause 3.2 in respect of the veterinary
medicinal products that you are purchasing and that you understand that
information regarding the matters set out in clause 3.2 is available to
you from the Product Information area and the data sheets found on the
National Office of Animal Health (NOAH) website, www.noah.co.uk.
- 3.5 The data sheets found on the National Office of Animal Health (NOAH) website, www.noah.co.uk
contain information and advice regarding certain matters set out in
clause 3.2, which are not otherwise found on Product Information area
in respect of all veterinary medicinal products that are supplied by us
through this Website. By confirming that you have read this legal
notice you confirm that you are satisfied that you have sufficient
understanding regarding the matters set out in clause 3.2 in respect of
the veterinary medicinal products that you are purchasing and that you
understand that information regarding the matters set out in clause 3.2
is available to you from the Product Information area and the data
sheets found on the National Office of Animal Health (NOAH) website, www.noah.co.uk.
Please note that we will use reasonable endeavours to ensure that every
veterinary medicinal product supplied by us will be accompanied by an
applicable datasheet. However, we do not guarantee that data sheets
will be made available with every medicinal product supplied.
- 3.6
If you wish to obtain advice or have any queries regarding any of the
goods supplied by us on this Website prior to the purchase of those
goods including without limitation, if having read the relevant
information found on the Product Information area or the information in
the applicable data sheet(s), you still have a query or wish to obtain
further advice regarding veterinary medicinal products or the supply of
veterinary medicinal products prior to purchase of those veterinary
medicinal products, then we strongly encourage you to contact our
pharmacist. You can contact our pharmacist and ask questions either by
using the contact details set out in the Contact Us section of the
Website or through the hyperlink to the Email the Pharmacist page which
will appear at checkout stage or through the hyperlink on this page. By
using the Email the Pharmacist page you will receive an automated
response to your registered email address advising you when to expect a
response to your question from our pharmacist. Answers to questions
from our pharmacist will be emailed to your registered email address.
Please note that we will store the communications between our
pharmacist and you for record keeping purposes.
4. Links From Our Website
- The link to the website www.noah.co.uk
and all other third party websites on this Website are provided solely
for your convenience. If you use these links, you leave this Website.
We have not reviewed all of the third party websites or their content
or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of
the third party websites linked to this Website and rely on any
information contained in such websites, you do so entirely at your own
risk.
5. Service Access
- 5.1
While we endeavour to ensure that this Website is normally available 24
hours a day, we shall not be liable if for any reason this Website is
unavailable at any time or for any period.
- 5.2 Access to this
Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond our
control.
- 5.3 From time to time, we may restrict access to
some parts of our Website, or our entire Website, to users who have
registered with us.
- 5.4 If you choose, or you are provided
with, a user identification code, password or any other piece of
information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any third
party. We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in
our opinion you have failed to comply with any of the provisions of
this legal notice.
6. Visitor Material And Conduct
- 6.1
Other than personally identifiable information, which is covered under
the Privacy Statement, any material you transmit or post to this
Website shall be considered non-confidential and non-proprietary. We
shall have no obligations with respect to such material. We and our
designees shall be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial or
non-commercial purposes.
- 6.2 You are prohibited from posting or transmitting to or from this Website any material:
- a)
that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause annoyance
or inconvenience; or
- b) for which you have not obtained all necessary licences and/or approvals; or
- c)
which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party, in
the UK or any other country in the world; or
- d) which is
technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data
or other malicious software or harmful data).
- 6.3 You may not misuse the Website (including, without limitation, by hacking).
-
6.4 We shall fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clause 3.2 or clause
3.3.
7. Our Liability
- 7.1
The material displayed on our Website is provided without any
guarantees, conditions or warranties as to its accuracy. We may make
changes to the material on this Website at any time without notice. The
material on this Website may be out of date, and we make no commitment
to update such material. The material on this Website is provided "as
is", without any conditions, warranties or other terms of any kind. To
the extent permitted by law, we, other members of our group of
companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any
liability for any direct, indirect or consequential loss or damage
incurred by any user in connection with our Website or in connection
with the use, inability to use, or results of the use of our Website,
any websites linked to it and any materials posted on it, including,
without limitation any liability for Indirect Loss. For the purposes of
this legal notice "Indirect Loss" shall mean:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for
any other loss or damage of any kind, however arising and whether
caused by delict (including negligence), breach of contract or
otherwise, even if foreseeable.
- 7.2 This does not affect our
liability for death or personal injury arising from our negligence, nor
our liability for fraudulent misrepresentation or misrepresentation as
to a fundamental matter, nor any other liability which cannot be
excluded or limited under applicable law.
- 7.3 In the event that
you have obtained from a third party (i.e. not from us) a prescription
for certain goods which you wish for us to supply to you, we, our
employees and our agents exclude all liability and responsibility for
any amount or kind of loss or damage that may result to you or a third
party including without limitation any direct loss or Indirect Loss in
connection with our reliance on and supply of goods pursuant to such a
prescription. You hereby acknowledge that you are solely responsible
for ensuring that you are satisfied regarding the matters set out in
clause 3.2 prior to the purchase of goods as we will not carry out any
investigations, and accept no responsibility for carrying out any
investigations, regarding the suitability of any goods purchased
pursuant to this clause 7.3.
8. Invalidity Of Provisions
-
If any provision contained in this notice are found to be invalid by a
court of competent jurisdiction, the invalidity of that provision will
not affect the validity of the remaining provisions of this notice,
which shall remain in full force and effect.
9. Governing Law And Jurisdiction
- This
legal notice shall be governed by and construed in accordance with the
laws of the UK. Disputes arising in connection with this legal notice
shall be subject to the exclusive jurisdiction of the UK courts.