Vets on Call CUSTOMER TERMS AND CONDITIONS – for use of Mobile Application and Services
Welcome to Vets on Call (our “Mobile application”). These terms and conditions (the “Terms”), together with the documents referred to in the Terms, govern your use of the App (which includes the web version) and the services provided on the App.
Please ensure that you read them carefully and contact us with any questions before you use the App. You can contact us at email@example.com. Please do not continue using the App if you do not agree to the Terms.
By using the App, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the App.
1.1 The App is operated by Vets on Call PTY LTD (ACN 620 086 339) (“we” or “us”or “VoC”).
1.2 Access and use of the App is provided by VoC. VoC is based in Victoria,Australia and makes no claims that the app is appropriate to be used by visitors outside Australia.
1.3 VoC is a business that provides a simple booking platform that enables you to arrange and schedule non-emergency face-to-face veterinary consultations (the“Consultation(s)”) conducted by third party independent practising veterinarians(the “Contractor Vet(s)”) under agreement with VoC who conduct theConsultations at the address you nominate on your customer profile (together,the “Services”). You acknowledge and agree that VoC does not provide veterinary services.
2.1 The App is protected by intellectual property laws. All information, text, images,graphics, logos, trade marks (whether registered or unregistered) and video (the“Content”) contained on this App is owned or licensed by VoC and remain the property of their respective owners.
2.2 Your use of the App and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the App or the Content.However we grant you a non-exclusive, worldwide, non-transferrable licence to use the App and Content in accordance with these Terms.
2.3 The App is for your personal, non-commercial use only. You may access and use the App (including any incidental copying that occurs as part of that use) in the normal manner for the purpose of App providing the Services to you.
2.4 You may also print one copy of any page within the App for your own personal,non-commercial use. All other use, copying, reproduction, modification or redistribution of the App, the Content or any part of it is strictly prohibited.
2.5 VoC may permit you from time to time to submit, upload, publish or otherwise make available to VoC through the App textual, audio and/or visual content and information, including commentary and feedback related to the Service. Any such content remains your property. However by posting or adding any content onto the App, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way(including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.6 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.7 The licence and consent in clause 2.5 and 2.6 will survive any termination of these Terms
2.8 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.5 and 2.6.
2.9 You must not add any content to the App:
a) unless you hold all necessary rights, licences and consents to do so;
b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c) that is or could reasonably be considered to be obscene, inappropriate,defamatory, disparaging, indecent, seditious, offensive, pornographic,threatening, abusive, liable to incite racial hatred, discriminatory,blasphemous, in breach of confidence or in breach of privacy;
d) that would bring us, or the App, into disrepute; or
e) that infringes the intellectual property or other rights of any person.
2.10 You acknowledge and agree that:
a) we retain complete editorial control over the App and may alter, amend or cease the operation of the App at any time in our sole discretion; and
b) the App will not operate on a continuous basis, and may be available from time to time (including for maintenance purposes).
3.1You acknowledge and agree that:
a) The information and contents of the App and any documents contained in it are provided for general information purposes only and not medical advice.It must not be used or relied upon for the purposes of medical advice,diagnosis or treatment.
b) VoC’s Services are non-emergency. Please call emergency services on000 in the case of an emergency or attend the nearest animal hospital emergency centre.
Registration to use the Services
4.1 You must register for an account on the App in order to access the Services (the “Account”).
4.2 In creating your Account, and as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification and contact details) including your email address, name, postal address, contact numbers and option of receiving updates, promotional material and other information.
4.3 You warrant that any information you give to VoC will always be accurate,correct and current.
4.4 To create an Account, you must be:
a) At least 18 years of age, or have expressed permission from your legal guardian who is at least 18 years of age;
b) Possess the legal right and ability to enter into a legally binding agreement with us; and
c) Agree and warrant to use the App and Services in accordance with theseTerms.
4.5 Once you have created an Account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You agree to immediately notify VoC of any unauthorised use of your username and password or any breach of security of which you have become aware.
4.6 By creating an Account, you agree that VoC may send you informational text(SMS) messages or emails as part of the normal business operation of your use of the Services.
4.7 At all times during your use of the Services, including booking Consultations,during Consultations and after Consultations, you agree to comply with the VoCCustomer FAQ’s.
4.8 When booking Consultations, you acknowledge and agree that you will complete the booking process, any requests for information, and selection of Consultation type when prompted on the App honestly and to the best of your ability.
4.9 You acknowledge that Vets on Call makes bookings in 1 hour time slots,meaning we aim to arrive within a 60 minute window as advised per each booking time.
4.10 You acknowledge that unforeseen delays can occur and that the Vet may arrive outside your 1-hour window and Vets on Call is not liable for any loss due to a delay in arrival.
4.11 The Consultation information provided by you will be relied upon:
a) By the Contractor Vet in conducting the treatment of your animal; and
b) By VoC to determine the correct costs of the Consultation.
4.12 In the event that you err in your selection of the Consultation type, you acknowledge and agree that neither VoC nor the Contractor Vets will be able to guarantee accurate treatment and medication provided to your animal during theConsultation and we are not liable for any damages, harm or losses including death of your animal.
4.13 During Consultations, you acknowledge and agree that you will not cause nuisance, annoyance or inconvenience, whether to the Contractor Vets or any other party.
Your relationship with the Contractor Vets
4.14 You acknowledge and agree that the Contractor Vets are engaged by VoC as independent third parties and by using our app and Services to bookConsultations, you are creating a direct veterinarian-client relationship between you and the Contractor Vet. VoC is not responsible or liable for the actions or inactions of Contractor Vets in relation to their provision of veterinary services.
5.1 Provision of the Services is subject to your pre-approval of the Consultation fee to the Contractor Vets and a booking fee to VoC (together, the “Fee”).
5.2 You acknowledge and agree to pay in full, all costs associated with any and all additional medications and procedures, which will be itemised on the bill you receive.
5.3 You acknowledge and agree to Vets on Call charging your nominated card for any and all additional charges, that are itemised on the bill you receive.
5.4 The terms for quoting the Fee, what is included with the Fee and the payment process of the Fee are set out in the VoC FAQ’s and you agree to be bound by those terms. All prices include GST.
5.5 You acknowledge and agree that VoC can vary the Fee at any time.
5.6 You acknowledge and agree that VoC or the Contractor Vets do not accept any payment directly. All payments are made using a third-party online payment company, Stripe (“Stripe”) by way of credit or debit card.
5.7 You acknowledge and agree to pay all fees at the time of service.
5.8 You acknowledge and agree to pay any reasonable administrative and other fees associated with late payment by you
5.9 When making any payments in relation to your use of the App or the Services,you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website https://stripe.com/au/legal.
5.10 You acknowledge and agree that where a request for payment of the Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee. Consultations are not confirmed until the Fee is received by Stripe.
Cancellation or rescheduling
5.11 You may reschedule or cancel Consultations in accordance with the VoCCustomer FAQ’s.
5.12 You acknowledge and agree that Vets on Call will charge you 50% of the consultation fee if you cancel within 6 hours of the scheduled booking time, and100% of the consultation fee if you cancel within 2 hours of the scheduled booking time.
6.1 VoC takes your privacy seriously and any information provided through the use of the App and/or Services is collected, used, disclosed and stored in accordance with the Privacy Act 1988 (Cth). This includes information such as names, contact details, pet health records, browsing date related to VoC.
6.2 In the course of providing its Services, VoC may collect personal information from visitors to its site. This may include the contact details and other personal information of users who sign up to VoC Services. VoC may also collect browsing data by users. VoC will only use the information it has been given in accordance with the purpose for which it is collected, and will not share any personal or sensitive information about visitors to its site without the express written consent of its users.
7.1 To the maximum extent permitted by law including the App Consumer Law, we make no warranties or representations about this App or its contents, including but not limited to warranties or representations that they will be complete,accurate or up-to-date that access will be interrupted or error-free or free from viruses, or that this App will be secure.
7.2 We reserve the right to restrict, suspend or terminate without notice, your access to the App or any of its contents or features, at any time without notice and we will not be responsible for any loss cost, damage or liability that may arise as are sult.
8.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
8.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in theseTerms.
8.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions,guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
a) in the case of goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
b) in the case of goods:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
8.4 Nothing in these Terms purports to modify, exclude or limit the conditions,warranties and undertakings, and other legal rights, under the Competition andConsumer Act 2010 (Cth) and other laws. Any other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulations 2010 are expressly excluded where permitted,including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
9.1 You agree to indemnify VoC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims,demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
a) your use of the App;
b) your use of the Services or services or goods obtained through your use of the Services;
c) your breach of these of Terms;
d) your violation of the rights of any third party, including Contractor Vets.
10.1 These Terms terminate automatically if, for any reason, we cease to operate theApp or provide the Service.
10.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
11.1 The App may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
12.1 While we use all reasonable attempts to ensure the accuracy and completeness of the information on the App, to the extent permitted by law, including theAustralian Consumer Law, we make no warranty regarding the information on the App. You should monitor any changes to the information contained on theApp.
12.2 We reserve the right to change, modify, add to the App (including the Terms) or the information, the Services or any other services or products described in it without notice. Please check these terms periodically for changes. Your continued use of the App and the Services following posting of changes to these terms signifies your acceptance of these changes.
13.1 Your use of the App and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
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