Terms Of Service
Last revised : February 2024
. APPLICATION OF THE TERMS OF SERVICE
A. Scope of application
These Terms Of Service (hereinafter the "TOS") apply to any natural person of at least eighteen (18) years of age and with legal capacity (hereinafter the "User" or "you") who accesses the online sales site available at the following URL address [www.Feliway.com.au] (hereinafter the "Site") published by Ceva Animal Health Pty Ltd (ACN 002 692 426), PO Box 147, Moores Road, Glenorie NSW 2157; Tel: 02 9652 7000, e-mail address : marketing.australia@ceva.com (hereinafter "Ceva" "us", "our", and "we").)
These TOS are written in English.

B. Acceptance of TOS
These TOS are accessible to all Users of the Site directly by clicking on the "Terms Of Service" link on all pages of the Site.
The following additional terms, which are incorporated by reference into these TOS, also apply to the User's use of the Site:
• Ceva's Privacy Policy https://www.feliway.com.au/policies/privacy-policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us;
• Ceva's Cookie Policy https://www.feliway.com.au/policies/privacy-policy, which sets out information about the cookies on our Site; and
• Ceva's General Conditions of Sale (hereinafter "GCS") https://www.feliway.com.au/pages/terms-of-sales, which apply to any purchase of goods you may make from our Site.
Any natural or legal person connecting to, browsing or using the Site, acknowledges having read these TOS at the time of connecting to the Site and accepts them without reservation. In any event, any registration on the Site is conditional upon the User consulting and accepting the TOS beforehand and without reservation by ticking the adequate box.
Registration on the Site by the User therefore implies full and unreserved acceptance of the TOS. Subject to applicable law, no special condition may prevail over these TOS.
C. Modification of the TOS
Ceva reserves the right to adapt or modify these TOS at any time and without prior notice. The version of the TOS applicable to the User is the one appearing on the Site at the date of the User's use of the Site.
If the User has a user account, Ceva will inform the User of any changes to the TOS by sending a notification. After having read the amended TOS, the User must tick the box "I have read and accept the present General Terms and Conditions of Use" at the bottom of the information banner. If the User does not accept the modified TOS, he/she will not be able to use the Site.

II. ACCESS AND DESCRIPTION OF THE SITE
A. ACCESS TO THE SITE
The Site is accessible to any User with internet access and compatible devices, provided that the Site is available in the country from which the User wishes to access them.
Access to the Site is permitted on a temporary basis. Ceva endeavours to keep the Site accessible 24 hours a day, 7 days a week, as part of a best effort obligation.
For the purposes of maintenance, updating, and for any other reason, in particular of a technical nature or in the event of force majeure, access to the Site may be interrupted at any time and without prior notice. Under no circumstances shall Ceva be held responsible for these interruptions of services and the consequences that may result for the User. Furthermore, Ceva cannot be held responsible for the presence of viruses on the Site and the consequences that may result for the User.
For the proper management of the Site, Ceva may at any time:
• make changes to the Site;
• suspend, interrupt or limit access to all or part of the Site, reserve access to the Site or to certain parts of the Site;
• delete any information that may disrupt operations or contravene national or international laws and/or these TOS; or
• suspend access to the Site in order to carry out maintenance and/or updates or in case of a security threat.
Ceva will use reasonable endeavours to give Users reasonable notice of any material changes to the Site.
Access to the Site is reserved for Users acting for strictly personal purposes and not for any commercial activity. Ceva grants the User the right to access the Site free of charge under the conditions more fully described in these TOS. The User may access the Site and its functionalities at any time from compatible devices. The use of the Site does not require the creation of a user account.
However, the User may create a user account at any time which will allow him/her to access certain features of the Site, such as the modification of his/her personal information (see below).
B. DESCRIPTION OF THE SITE
The Site allows the User to:
– consult all or part of the Site;
– access information about Ceva, its research, products, human resources policy, locations and communication;
– create his or her user account and log in to his or her user account as further detailed below in point II;
– see the different products offered for sale by Ceva;
– purchase and pay for products offered by Ceva; and
– access the functionalities accessible from their user account.
III. OBLIGATIONS OF THE USER
The User agrees to use the Site in accordance with these TOS.
In general, and without this list being considered exhaustive, the User is not allowed to:
– use the Site for purposes other than those strictly provided for in these TOS, and in particular for professional, commercial or non-private purposes, or in any way prohibited by any legal or regulatory provision;
– use the Site in violation of the rights of others;
– use the Site in a way that may damage the Site and/or the features provided or disrupt their use by another User;
– copy, sell, rent, sublicense, market, distribute (including copies), transfer or otherwise make available the Site to any person not authorized by Ceva;
– distribute, modify, tamper with, adapt, reverse engineer, decompile, disassemble or translate in any way all or part of the materials on the Site;
– remove any copyright, trademark or other proprietary notices contained in the original material from any material copied or printed from the Site;
– download, reproduce, record, capture and/or copy, by any process or means, the content of the Site and the functionalities and in particular the photographs offered therein in violation of the TOS;
– upload, post, transmit, in any way whatsoever, any illegal or infringing content, advertising, unsolicited and unauthorised promotional material, as well as any computer virus, code, file or program designed to interrupt, destroy or limit the functionality of the Site or the servers, networks or networks connected to the services;
– infringe Ceva's legitimate interests and in particular its intellectual property rights and other rights relating to or connected with the Site;
– hold, make statements or disseminate, in any form whatsoever, content such as, but not limited to, photos, messages and/or comments (hereinafter the "User Content") infringing intellectual property rights or the rights of others or of a defamatory, abusive, obscene, offensive, violent or inciting to violence nature, of a political, racist or xenophobic nature and, in general, any content contrary to the laws and regulations in force;
– interfere with or disrupt the Site, servers, networks connected to the features, or refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the features;
– attempt to mislead other users by impersonating another person's name or business name, particularly by impersonating an employee or affiliate of Ceva.
If the User wishes to create a hyperlink or other link to the Site, he/she shall send an e-mail to the following address: marketing.australia@ceva.com, specifying:
– the URL(s) of the page(s) from which the User wishes to propose a link to the Site
– the URL(s) of the page(s) of the Site to which the User wishes to propose a link.
Ceva undertakes to consider the User's request but is not obliged to grant it.
Any fraudulent use of the Site or its content and any violation of these TOS may give rise to the application of the criminal and civil penalties provided for by the law.
In the event that the User uses the Site in violation of applicable laws and/or the TOS, Ceva reserves the right to take all measures it deems appropriate, including immediately suspending, temporarily or permanently, the User's access to the Site and/or, if applicable, his/her user account.
In the event that Ceva is held liable for a breach of the User's obligations under the law or under these TOS, the User undertakes to indemnify and hold harmless Ceva from any judgment against it arising from the User's breach, and also to reimburse all costs incurred and damage caused.

IV. SITE CONTENT
A. INFORMATION ABOUT THE SITE
The Site has been created to provide Users with information on its products, on animals and to allow the purchase of certain products. As communication to the public regarding veterinary medicines is subject to specific regulations, the information that the User finds on the Site must not be used to give medical advice or replace a consultation with a health professional. Similarly, this information should not be interpreted as a recommendation on the use of products without the advice of a veterinarian.
Ceva undertakes to check that the content of the Site complies with the legal provisions in force. Ceva also undertakes not to disseminate any data in violation of the rights of third parties, of a violent, pornographic or defamatory nature, and not to disseminate any illegal content, in particular of a racist, xenophobic or paedophilic nature, or any content that is otherwise offensive to human dignity.
Ceva endeavours to keep the content of the Site up to date and to provide the User with accurate information. Nevertheless, Ceva cannot be held responsible for any errors and/or omissions. The User may notify any errors or omissions to the following e-mail address: marketing.australia@ceva.com
The User remains responsible for the use of the Site including its previous use if the User renounces the use of the Site.
Subject to the other provisions of these TOS, Ceva reserves the right to modify, terminate, suspend or discontinue without notice all or part of the services or content of the Site.

B. THIRD PARTY CONTENT
The Site may contain hyperlinks to other Sites not maintained and/or published by Ceva. Ceva does not control in any way the information, products or services offered by these other sites and cannot be held responsible in any way for the content or availability of such sites, nor for their confidentiality or personal data protection practices. The use of such sites by the User is the sole responsibility of the User.
The User acknowledges and agrees that Ceva is not responsible or liable, directly or indirectly, for any harm or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
C. USER CONTENT
The User undertakes to ensure that any User Content deposited and/or disseminated by him/her via the Site does not infringe the rights of third parties, and in particular intellectual property rights (in particular trademarks, copyrights, models), personal rights (in particular defamation, insults, denigration, harassment, etc.), respect for private life (including the right to an image), public order and good morals (in particular defence of crimes against humanity, incitement to racial hatred, offences against human dignity, violence against animals, violent or degrading images, etc.), and, more generally, the applicable regulations in force and the usual rules of politeness and courtesy. The User is solely responsible for all information, content and data that he/she puts online on the Site.
The User grants Ceva and its affiliates a non-exclusive, worldwide, transferable and sub-licensable, irrevocable and perpetual right, free of charge, to use, reproduce and display the User Content including, without limitation, to: (1) copy such content, by any means known or unknown (such as, but not limited to, paper, electronic, magnetic, optical or digital, etc.) (2) display or publish such User Content on the Site and in any affiliated publications, and by any means of distribution or broadcast known or unknown, and store such User Content; (3) distribute such User Content and use them for promotional and marketing purposes, including, without limitation, for internal and/or external corporate communications, and for the promotion of our business worldwide, including for the purposes of events organised by or on our behalf (4) adapt such User Content and make any changes Ceva deems necessary (including, without limitation, the right to arrange, modify, correct, enhance, advertise, crop and/or incorporate all or part of the User Content into other works); and (5) translate the User Content into any language.



V. CREATION AND USE OF USER ACCOUNT
A – USER ACCOUNT CREATION
In order to create an account, the User is obliged to submit the registration form offered by Ceva and to provide the required data. The information that must be provided is indicated by an asterisk. The User must also define a login and password (hereinafter the "Login Codes") that will allow him/her to access his/her user account.
Failure to fill in the required information will result in the refusal to create a user account.
Each User may only register once on the Site.
The User certifies that the information he/she provides is accurate and complete and undertakes to do everything necessary to ensure that it remains so. In particular, the User undertakes to provide only truthful and real information. In the event that the information provided is false, incomplete or outdated, Ceva reserves the right to suspend or close the User's Account, either temporarily or permanently.
The user account is strictly personal. The User undertakes not to divulge his/her Login Codes to a third party in any form whatsoever or for any reason whatsoever and to inform Ceva of any use or suspected use of the said Login Codes by an unauthorised third party. If the Login Codes are fraudulently used or lost, the User must inform Ceva without delay, at the following e-mail address: contact@feliway.com.au, which will proceed to the immediate cancellation of the Login Codes and/or the immediate change of the associated password upon proof of identity. If the User forgets his/her Login Codes, he/she can request a new password via the Site.
The User is solely responsible for the confidentiality of his/her Login Codes and for any use he/she may make of them. The User acknowledges that the use made of any connection to the Site using his/her Login Codes will be deemed to have been made by the User and is the sole responsibility of the User. Ceva shall in no way be held responsible for the consequences to the User resulting from illicit, fraudulent or abusive use of his/her Login Codes by a third party not expressly authorised by the User.
B – USE OF USER ACCOUNT SERVICES
The User can complete or modify his/her personal information by accessing his/her user account directly on the Site. Through his/her user account, the User has access to his/her personal information and addresses, view his/her past and current orders and pre-orders, and in the process of being delivered, request and track a product return and register and track his/her credit notes and coupons.
C – CLOSING OF THE USER ACCOUNT
The User may at any time delete his/her account (the "User Account") by logging into his/her User Account. The closure of the User Account leads to the automatic and immediate termination of access to the files attached to it.
In the event of non-compliance with these TOS, Ceva reserves the right to refuse access to the User Account and to close it.
VI. INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Ceva. The layout of the Site and each of the elements, including trademarks, logos and domain names, appearing on or comprising the Site are protected by applicable intellectual property laws, and (i) are owned by Ceva or its subsidiaries or affiliates, or (ii) are owned by third parties and are licensed to Ceva by their owners for use and exploitation. The TOS shall not be construed in any way as transferring to the User the ownership of the Site or its element. All rights to the Site or its elements that are not expressly granted to the User under the TOS and that are the property of Ceva, remain the full and exclusive property of Ceva.
Consequently, no element appearing on the Site or composing them may be downloaded, reproduced, used, modified, altered, assembled, decompiled, attributed, sub-licensed, transferred, copied, translated, adapted, sold, rented, published, exploited or disseminated in any way whatsoever, in any medium whatsoever, in whole or in part, without Ceva's prior written consent. Subject to the User's compliance with these TOS, Ceva grants the User a non-exclusive, non-assignable and non-transferable right (including by way of sub-licence) to access and use the Site and all of their elements worldwide for the User's personal, private and non-commercial use.
Any use formally authorised by Ceva of the content comprising or appearing on the Site must be made without distortion, modification or alteration in any way whatsoever.
Violation of the mandatory provisions shall subject the User and all persons responsible to the criminal and civil penalties provided for by applicable law.
Ceva or its subsidiaries reserve the right to prosecute any act of infringement of its intellectual property rights.
VII. RESPONSIBILITY
A. RESPONSIBILITY OF THE USER
All the hardware and software required to access and use the Site are the responsibility of the User, who is responsible for the proper functioning of his/her hardware and Internet access. The User is required to take all necessary preventive measures to protect his/her data, software and/or computer systems against the contamination of any viruses.
The use of the content made available through the Site is the responsibility of the User. Any reliance by the User on such content shall be at the User's own risk.
Access to the content made available on the Site is the responsibility of the User and Ceva cannot be held responsible for any damage or loss of data that may result from downloading or using the content published on the Site.
The User shall be liable for any damage or loss, direct or indirect, of any nature whatsoever, suffered by Ceva or any third party caused by any content, of any nature whatsoever, communicated, transmitted or disseminated by the User through the Site, as well as for any violation of the present TOS, and the Privacy Policy.
B. CEVA'S RESPONSIBILITY
Ceva does not warrant that the Site or their elements (i) meet the User's requirements, (ii) are free of errors or omissions, and (iii) will always be available and accessible without interruption.
Ceva may not be held liable in the event of a breakdown, difficulty or interruption in operation, preventing access to the Site or any of its functionalities on a temporary or permanent basis, and in particular, without this list being limitative:
• poor transmission and/or reception of any data and/or information via the Internet, the mobile network or the satellite network;
• failure of any receiving equipment or communication lines;
• any malfunction of the Internet network, the mobile network or the satellite network preventing the proper functioning or poor conditions of use of the Site and/or access to the features;
• any contamination by viruses or intrusion by a third party into the User's computer system.
In particular, Ceva shall not be held liable for any damage that is not directly and exclusively attributable to it, caused to the User's electronic equipment and the data stored thereon, as well as for the consequences that may arise from this on the User's personal or professional activity. It is therefore up to the User to take all appropriate measures to protect his/her electronic equipment and the data stored on it against any attack.
The liability of Ceva is expressly excluded, which the User acknowledges, in the event of (i) improper use of the Site made available to the User or failure to comply with the recommendations for use, and (ii) force majeure (which shall mean any event beyond the reasonable control of Ceva which prevents or delays Ceva performing any of its obligations under these TOS).
VIII. PERSONAL DATA PROTECTION
The User's personal data is collected and processed by CEVA in accordance with Ceva's Privacy Policy which can be accessed via the following link https://www.feliway.com.au/policies/privacy-policy, and upon request to Ceva.
IX. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
A. AMICABLE SOLUTION

In the event of a dispute concerning the TOS, the parties shall attempt to find an amicable solution. The User is invited to contact Ceva: contact@feliway.com.au


In order to be processed promptly, any request for mediation from the User must contain the following information: postal, electronic and telephone contact details of the Customer, contact details of Ceva, brief statement of the facts, proof of prior contact with Ceva.

B. APPLICABLE LAW AND JURISDICTION
All the provisions contained in these TOS, their subject matter and their formation (any and non-contractual disputes or claims) will be subject to the laws of New South Wales, Australia and Ceva and the User agree that the courts of that State (and any courts of appeal from these courts) will have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these TOS or its subject matter or formation (including non-contractual disputes or claims). This choice of law does not affect the User's right to benefit from the applicable consumer protection regulations in the User's country of residence.