VIDIVET TERMS OF USE

1. Introduction

Welcome to VidiVet’s Terms & Conditions of Use (these “Terms”). This is a contract between you, whether personally or on behalf of an entity (“you”) and VIDIVET LTD, doing business as VidiVet (“VidiVet”, “we”, “us”, or “our”).

We provide an online veterinary service (the “Service”) through a mobile application where pet health advice is sought by a pet owner using non-real time communication via text, photographs and videos. Video responses are provided by a licensed veterinarian registered with the Royal College of Veterinary Surgeons (“the Vet”).

We want you to know your and our rights before you use the https://vidivet.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including any medium through which the Service is provided (collectively, the “Site”).

By accessing the Site and/or registering with us and/or using any service provided by us including the Service, you confirm that you have read, understood, and agree to be legally bound by all of these Terms.

The Site and Service is intended for users who are resident of the United Kingdom and at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or Service.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Amendments to these terms

We reserve the right, in our sole discretion, to modify, amend or change these Terms at any time (a ”Change”) and for any reason. If we do this then the Changes will be posted on this page and we will indicate by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such Change. It is your responsibility to periodically review these Terms to stay informed of updates, and also to review the latest version of these Terms prior to purchasing and/or using any of our services, including the Service. You will be subject to, and will be deemed to have been made aware of and to have accepted, the Changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

3. The service

The Service is an online veterinary service provided through the Site where pet health advice is sought by a pet owner using non-real time communication via text, photographs and videos. Video responses are provided by the Vet. This form of communication between you and the Vet is referred to as a “Conversation”.

The Service is currently only available to residents of the United Kingdom and any other territory in which veterinarians are formally regulated by the Royal College of Veterinary Surgeons.

You will be asked to provide basic information about your pet including but not limited to species, breed and weight which can assist the Vet in helping you and your pet. During the course of a Conversation, you may be asked to provide the Vet with further texts, videos and photographs to help describe your pet’s condition to the Vet. A Conversation will be considered completed if you do not respond to the Vet within 48 hours. The Conversation will close automatically once this period has completed and the Conversation will be stored as Closed in the mobile phone application.

Please note that the Site and the Service are not a replacement for traditional veterinary services, but instead are complementary to veterinary care in a physical clinic. VidiVet cannot conduct or provide a physical examination of your pet and does not offer any diagnostic services, provide diagnosis of disease or prescribe medication as per the Royal College of Veterinary Surgeons Code of Professional Conduct for Veterinary Surgeons. Via the Service, VidiVet and/or the Vet can only provide triage and general health advice as per the Royal College of Veterinary Surgeons Code of Professional Conduct for Veterinary Surgeons. This means that based on the information you have provided, the Vet advises on what they recommend as the next step for your pet’s care.

AS A RESULT, VIDIVET BEARS NO RESPONSIBILITY FOR ANY EXAMINATION OR OTHER MEDICAL SERVICES PROVIDED DURING A CONVERSATION.

In the case of an emergency or if you feel that your pet is deteriorating, please contact your registered vet immediately. If additional symptoms or similar occur, or if new relevant information comes to light after your Conversation has been closed, please start a new Conversation, or speak to your registered veterinary practice.

You may not record, in whole or in part, any chat conversation or video response from the Vet unless permission has been granted by VidiVet.

4. Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site , you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

5. User representations

By using the Site, you represent and warrant that:

1. you have the legal capacity and you agree to comply with these Terms;
2. you are resident of the United Kingdom;
3. you are above the age of 18 years;
4. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
5. you will not use the Site for any illegal or unauthorised purpose;
6. your use of the Site will not violate any applicable law or regulation;
7. you are not located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a “terrorist supporting” country; and
8. you are not listed on any UK Government list of prohibited or restricted parties.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), in addition to any other legal rights we may have.

6. Fees and payments

You may be required to purchase or pay a fee to access some of our services. The pricing of any such services, including the Service, will be communicated to you in writing in advance when you initially subscribe for or purchase the relevant service, and will be deemed to be incorporated into these Terms. Time is of the essence for any required payment of fees, and if we do not receive the required payment by its due date we reserve the right to terminate your access to the Service without further notice We also reserve the right to amend the pricing for any subscription service (including the Service) by notifying you in writing, but any such amendment will only take effect at your next renewal or such other date as agreed by you in writing.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in British Pound (GBP).

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

We may issue coupons and/or other redeemable tokens qualifying you for discounted Services. We reserve the right to do so and to cancel or vary the terms and conditions under which such coupons are issued and/or redeemed at any time at our sole discretion.

7. Free trial

We may offer a free trial to new users who register with the Site. At least one working day’s notice of cancellation before the free trial ends is required. The case where cancellation has not been requested by this date, the account will be charged according to the user’s chosen subscription at the end of the free trial. A new user may only obtain a free trial once. Cancelling and then registering for the service again will result in immediate charge of the selected service in addition to any other legal right we may have.

8. Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. At least one working day’s notice of cancellation is required. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at support@vidivet.com

9. Subsidised partner services

We may enter into agreements with other businesses such as veterinary practices and pet brands (“Subsidising Partner”) in which we offer the Service to their customers and they subsidise some or all of the price of the Service for their customers.

For the avoidance of doubt, the legal relationship between us and our Subsidising Partners is not one of partnership or agency. Neither of us (1) has any authority to represent the other or (2) bears any responsibility or liability arising out of the other’s actions.

WE ARE NOT RESPONSIBLE FOR ANY REPRESENTATIONS MADE TO YOU BY ANY SUBSIDISING PARTNER, INCLUDING IN RELATION TO THE SERVICE AND/OR THE SITE. YOUR USE OF THE SERVICE AND/OR THE SITE IS SOLELY GOVERNED BY THESE TERMS.

Information within the registration process will be shared with the Subsidising Partner to verify your entitlement. In the event your entitlement is not verified by the Subsidising Partner or you are no longer eligible for subsidised service, the subsidised service will be cancelled and you may be moved to a free trial, where you can subscribe to a VidiVet service.

We may share a summary of the Conversation with a Subsiding Partner if you receive VidiVet as a subsidised service through the Subsidising Partner and they have requested these records. They may include, but is not limited to, personal information to identify you (e.g. name, email, postcode, mobile telephone number), as well as information that you have provided as part of a Conversation.

Should you no longer be a member of the Subsidising Partner, or the Subsidising Partner removes your entitlement, your VidiVet access may be revoked with immediate effect. You may retain access to historic Conversations within the Mobile application.

IF YOUR USE OF THE SERVICE IS ARRANGED THROUGH ONE OF OUR SUBSIDISING PARTNERS, YOU AGREE THAT ANY LIABILITY THAT THEY MAY HAVE TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR THE SITE WILL BE SUBJECT TO THE SAME LIMITATION OF LIABILITY PROVISIONS AS CONTAINED IN THESE TERMS (INCLUDING CLAUSE 23 BELOW). EACH SUCH SUBSIDISING PARTNER WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THE RELEVANT PROVISIONS OF THESE TERMS AGAINST YOU

10. Software

We may include software for use in connection with our services. If such software is accompanied by an end user licence agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Terms. Any Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms.

11. Prohibited activities

You may not access or use the Site and/or Service for any purpose other than that for which we make the Site and/or Service available. The Site and/or Service may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site and/or Service, you agree not to:

1. Use the Service if you are not a resident of the UK and/or any other territory in which veterinarians are formally regulated by the Royal College of Veterinary Surgeons.
2. Use the Service for a pet that is not owned by you or otherwise directly under your care, or ineligible for the Service according to our agreement with your Subsidising Partner.
3. Systematically retrieve data or other content from the Site and/or Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
4. Make any unauthorised use of the Site and/or Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
5. Use a buying agent or purchasing agent to make purchases on the Site .
6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
7. Engage in unauthorised framing of or linking to the Site without our express prior written permission.
8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
9. Make improper use of our support services or submit false reports of abuse or misconduct.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
12. Attempt to impersonate another user or person or use the username of another user.
  Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site, Service and/or the Content for any revenue-generating endeavour or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and/or Service to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to JavaScript, HTML, CSS, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.

12. User generate contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, video, audio, images, comments, suggestions, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit will be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

13. Contribution licence

13.1 Contributions

Any Contributions you submit will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your content. When you submit any Contributions, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Contribution in connection with the service provided by the Site and across different media including to promote the Site as outlined in the Privacy Policy.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.

13.2 Feedback

If you submit any Feedback, including but not limited to, enquiries, suggestions, comments, ideas or recommendations (“Feedback”) about the Service or Site to us, then we may use that information without reference to you, and you hereby irrevocably assign to us all rights, titles, and interests in said Feedback.

14. Mobile application licence

14.1 User licence

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms.

You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

14.2 Apple and Android devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms against you as a third-party beneficiary thereof.

15. Third-party websites and content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

16. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

17. Privacy policy and data protection

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site (and which may be updated from time to time), which is incorporated into these Terms.

Without limiting the more detailed provisions set out in the Privacy Policy, please note that in the operation of the Site, we utilise a number of third party providers, and your data will be processed by those providers. Where these third party providers are based outside of the UK, we will ensure they are contractually bound to process your data in a manner which meets standards equivalent to those required under the GDPR.

18. Privacy policy and data protection

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first obtaining legal advice.

19. Terms and termination

These Terms shall remain in full force and effect while you use the Site and/or our services or (if later) in relation to any use by you of any of our services (including the Service).

NOTWITHSTANDING THIS AND WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

21. Governing law

Your access to the Site, and Our Content, as well as these Terms are governed and interpreted by the law of England and Wales. By using the Site, you consent to the exclusive jurisdiction of the courts of England and Wales. Please note that if you are a consumer who is resident in a part of the UK other than England, you may nevertheless have the right under consumer protection law to bring proceedings within the part of the UK in which you live.

22. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

23. Disclaimer and limitation of liability

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND/OR OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICE, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO GBP 1,000.

Without prejudice to the above:
The Site and the Service are provided on an as-is basis and as available and we make no representations or warranties, either express or implied, of any kind. VidiVet is solely responsible for the operation of the Site facilitating the Conversation between you and the Vet. VidiVet is not responsible for the Vet’s advice, information or recommendation, whether provided during the Conversation video response or in writing. VidiVet is not responsible for malpractice with regards to the advice given by a Vet.

If you have a complaint related to any veterinary advice received, please contact support@vidivet.com. If you consider that the Vet has committed malpractice, VidiVet will be able to provide you with the details required to pursue this complaint with the Royal College of Veterinary Surgeons.

The Site and the Service have not been developed to meet your individual requirements and are intended for private use. Make sure that the features of the Site and the Service (as described on the app store’s site and other relevant documentation) meet your expectations and requirements.

The Site requires certain operating system versions to be used on different devices notified on the Site or where you download the app. We are not responsible for damage to your property or for damage you could have avoided by following our advice to apply an update offered to you for free of charge or for damage caused by you failing to comply with the installation instructions or to have in place the minimum system requirements advised by us.

All information and materials available on the Site are – unless expressly stated otherwise – intended for general information purposes only and do not constitute advice or recommendations. The information may be non-exhaustive or not up to date and also subject to typographical errors or technical inaccuracies. You will need to make your own independent assessment of the appropriateness of using the information on the Site yourself.
The Site or the Service may contain links to other independent websites which are not provided by us. As set out at clause 16 above, we are not responsible for any Third-Party Websites and/or Third-Party Content.

Notwithstanding anything to the contrary contained in these Terms, we do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and agents or for fraud.

If our provision of any services (including the Service) or support for the Site or any services (including the Service) is delayed by an event beyond our reasonable control, we will attempt to take steps to minimise the impact of the delay. In exceptional circumstances, VidiVet may contact the user using the email address provided. However, we are not responsible for and accept no liability in connection with the delay.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email (at the email address you provide to us from time to time) and/or on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. Miscellaneous

These Terms (including any agreements or documents incorporated by reference) and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege. These Terms operate to the fullest extent permissible by law.

These Terms, and any rights and liabilities and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.

You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

28. Our contact information

VIDIVET LTD is registered in the United Kingdom under company number 11112773. Our registered address is 110-114 Duke Street, Liverpool, Merseyside, England, L1 5AG.

ICO Registration ZA910542

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

VIDIVET LTD

110-114 Duke Street
Liverpool
Merseyside
England
L1 5AG
United Kingdom

support@vidivet.com

Last updated: 5 November 2024

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