United Kingdom (Last updated: August 2021)
Acceptance of Terms; Modifications. These Terms of Service (the "Terms") are a binding legal agreement between you and VetlinkLtd, with Company number 12565401 and registered office at Office 406 Exmouth House, London, England, EC1R 0JH ("Vetlink," "we," "us" and "our"). They govern your use of our website (Vetlink.co.uk) (the "Site") together with our mobile applications, resources and services for pet owners and veterinarians to find each other, communicate, and facilitate pet healthcare services (the "Vetlink Service").
BY ACCESSING OR USING THE SITE OR Vetlink service, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SITE OR Vetlink service.
You understand and agree that we may change the Terms and that any such changes will be effective immediately when we post the modified Terms on the Site and/or Vetlink Service. Your continued access and use of the Site and/or Vetlink Service after we post the modified Terms will constitute your agreement to be bound by the modified Terms.
a. The Vetlink Service consists of a mobile application, the Site, and support and services that pet owners ("Pet Owners") and providers of pet healthcare services ("Service Providers") can use to find and interact with each other. The Vetlink Service includes our support services, educational materials for Service Providers, and other services, all facilitated via our in-built chat feature and including providing video veterinary appointment services, and facilitating other interactions between Pet Owners and Service Providers (for example allowing Pet Owners to pay for Service Provider products) (collectively such appointment and interactions between Pet Owners and Service Providers being the "pet care services"). If you are a Service Provider we charge fees for use of the Vetlink Service, as described below in Section 8. If you are a Pet Owner your Service Provider charges fees for the pet care services that they perform via the Vetlink Service, as described below in Section 8 as well.
b. Vetlink is a neutral venue for Service Providers and Pet Owners and it does not provide pet healthcare services, except for phone support and other resources and support specifically described in the Vetlink Service. Service Providers listed on Vetlinkare not under Vetlink's direction or control and determine in their own discretion what pet care services to offer, how to provide such services, and when to make themselves available to do so. No representations or warranties are made regarding the pet care services provided by Service Providers, or about your interactions and dealings with users. Vetlink does not employ Service Providers or Pet Owners, and we will not be liable for the performance or conduct of Service Providers or Pet Owners. Pet Owners and Service Providers are responsible for making decisions that are in the best interests of themselves and pets. You should use your independent judgement before engaging a Service Provider (if a Pet Owner), providing pet care services (if a Service Provider), or otherwise interacting with Pet Owners or Service Providers (as applicable) via the Vetlink Service.
c. The Vetlink Service may be used to find and offer pet care services and to facilitate payment, but all transactions conducted via the Vetlink Service are between Pet Owners and Service Providers. You agree that Vetlink has no liability for damages associated with pet care services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Vetlink Service.
d. Pet Owners and Service Providers transact with each other on the Vetlink Service by either a Pet Owner or Service Provider initiating a chat conversation within the Vetlink Service (a "Chat"). During the Chat, a Pet Owner or Service Provider has the opportunity to discuss which particular pet care service is applicable for that Pet Owner. For example, a Pet Owner may wish to pay for pet food for their pet which they can collect from the Service Provider in person, or pay for a consultation that has already taken place. A Pet Owner may also wish to agree to a video consultation with that Service Provider. Once the applicable pet care service is agreed upon, the Vetlink Service will allow that pet care service to be transacted accordingly, utilising its payment provider where any payment for such pet care service is due from a Pet Owner in accordance with Section 8 below.
e. As a Pet Owner, you agree to pay for the pet care services where applicable, such payment as shall be displayed to you in the Vetlink Service in accordance with your Service Provider's pricing from time to time for that applicable pet care service.
f. At the end of participating in the Chat, or if a Pet Owner chooses to do so via our Site, a Pet Owner shall be given the opportunity to provide a review of the pet care service(s) received by that Service Provider. Such review shall be shared by Vetlink with the Service Provider from time to time, and immediately if a rating of 3 or less is given by that Pet Owner. Such review shall also be displayed to other users of the Site and Vetlink Service and by providing such review you are agreeing to any information that you include in such review being made public. Vetlinkdoes not endorse reviews of Service Providers by other Pet Owners that may be available via the Site and/or Vetlink Service, and Vetlink makes no commitments that such reviews are accurate or legitimate. If a Service Provider wishes to raise an issue over any particular review it should contact Vetlink at firstname.lastname@example.org
Compliance with Applicable Law. By accessing and using the Vetlink Service, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and regulations applicable to your use of the Vetlink Service.
For Service Providers, this means that you, as a current, UK-practising member of the Royal College of Veterinary Surgeons, are legally eligible to provide veterinarian services within the UK, you have complied and will comply with all laws and regulations that are applicable to you, and you have obtained all business licenses and permits needed.
Use of the Vetlink Service; Suspension
a. When you use the Vetlink Service, you agree:
- To use the Vetlink Service only in a lawful manner and only
for its intended purposes, in particular not to modify it or
any portion of it, create any derivative version of it, or
resell it or any portion of it or use any data mining, data
robots or similar tools.
- Not to submit viruses or other malicious code to or through
the Vetlink Service.
- Not to use the Vetlink Service, or engage with other users
of the Vetlink Service, for purposes that violate the law.
- Not to post reviews about Service Providers that aren't
based on your personal experience, that are intentionally
inaccurate, or that violate these Terms.
- Not to post content or materials that are pornographic,
threatening, harassing, abusive, or defamatory, or that
contain nudity or graphic violence, incite violence, violate
intellectual property rights, or violate the law or the
legal rights (for example, privacy rights) of others.
- Not to post "spam" or other unauthorised commercial
- Not to transfer or authorise the use of your account for the
Vetlink Service by any other person.
- Not to solicit another user's username and password for the
- Not to provide false information in your profile on, or
registration for, the Vetlink Service.
- Not to impersonate any other person.
- Not to interfere with our provision of, or any other user's
use of, the Vetlink Service.
b. You understand and agree that Vetlink has no obligation to provide the Vetlink Service to you, nor any obligation to continue providing it once we have begun. If we consider your conduct on any of our channels inappropriate, unsafe or violating these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Vetlink Service in our sole discretion.
Account Security. To use the Vetlink Service you will be required to create a username, password, and user profile. You agree not to impersonate anyone else and not to maintain more than one account (or, if Vetlink terminates your account, not to create further accounts). You are responsible for maintaining the confidentiality of your username and password for the Vetlink Service, and you agree not to authorise anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorised use of your account.
a. We may require or allow you (or someone else on your behalf) to upload text, images, videos, reviews, information and materials to the Vetlink Service (collectively, "Your Content"). For example, Service Providers are invited to create a profile page with a photograph and other information, while Pet Owners may submit reviews of Service Providers.
b. We reserve the right to monitor, screen, edit and/or remove Your Content on the Vetlink Service as we deem suitable. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance.
Fees & Payment.
a. All fees, deductible amounts and other payments charged through the Vetlink Service are listed and payable in British Pounds (GBP).
b. Payment processing services for Service Providers on Vetlink are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a Service Provider on Vetlink , you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Vetlink enabling payment processing services through Stripe, you agree to provide Vetlink accurate and complete information about you and your business, and you authorise Vetlink to share it and transaction information related to your use of the payment processing services provided by Stripe.
c. For certain pet care services transacted via Vetlink , Pet Owners shall be required to pay for such pet care services, as notified to them in the Chat by their Service Provider. If you are a Pet Owner, you enter into a transaction with the Service Provider when requesting any pet care service via the Vetlink Service and you agree to pay the total fees for such pet care service as notified to you by your Service Provider from time to time. The Service Provider, not Vetlink , is responsible for performing the pet care services and any fees for such pet care services are paid to the Service Provider, albeit facilitated by Vetlink .
d. Service Providers agree to provide pet care services to a Pet Owner by agreeing to participate in, or initiating, any Chat. The purchase of pet care services is a transaction between the Pet Owner and the Service Provider. Vetlink 's only role is to facilitate the transaction.
e. If you are a Service Provider, we charge service fees for your use of the Vetlink Service. If you are a Service Provider, the entity that you work for will have entered into an agreement with Vetlink which will describe and set out the payments due to Vetlink in relation to the licensing of the Vetlink Service to you (the "Clinic Agreement").
f. Cancellations and Refunds. As we are merely a facilitator of any payment for any pet care service(s) carried out through the Vetlink Service, any refund requests shall be directed to the Service Provider and not Vetlink . If your Service Provider agrees to any refund then such refund shall be at the discretion of such Service Provider and obtained by the Service Provider and we have no involvement in such refund process.
g. Our third party payment provider may impose holds on amounts otherwise payable to Service Providers if there is a suspicion of fraudulent activity or for other compelling reason relating to security or third-party rights. We are not responsible for any loss or damage caused to you as a result of such decisions taken by our third party payment provider.
h. If you are a Pet Owner, you will be required to provide us with valid, up-to-date credit card or other payment information. When you submit or accept to participate in a Chat and purchase any pet care service(s) for which payment is due, you authorise Vetlink to charge for fees you incur on the pet care service(s) as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees, then you understand that Vetlink or the Service Provider might refuse to provide either the Vetlink Service or the pet care services associated with those fees (as applicable). All fees are non-refundable once paid, except as expressly provided in these Terms.
i. Vetlink 's income and gross receipts are taxed (including VAT on fees paid to Vetlink ). You acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Vetlink Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received by you through the Vetlink Service,
a. Vetlink owns, or is otherwise the authorised licensee, of all intellectual property and proprietary rights in the Vetlink Service and related technology, software, documentation and content (including, for example, any recorded appointments). Vetlink grants to you a limited, non-exclusive, non-transferable, non-sublicensable, royalty free, worldwide licence to access and use the Vetlink Service in accordance with these Terms. Except for the foregoing, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You also acknowledge our perpetual right to use and incorporate any suggestion for enhancement that you may provide on the Vetlink Service, without any obligation of compensation.
b. Vetlink owns all rights in and to its trademarks, service marks, brand names and logos (the "VetlinkMarks"). If you are a Service Provider, Vetlink grants you, for so long as you are in good standing on the Vetlink Service, a limited, revocable, non-exclusive, non-transferable license to use the Vetlink Marks.
Warranty Disclaimer for the Vetlink Service. The information and materials found on the Vetlink Service, including text, graphics, information, links or other items, are provided \"as is\" and \"as available.\" Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Vetlink Service, but not directly by Vetlink , are those of their respective authors, who are solely responsible for such content, including the applicable services provided by Service Providers to Pet Owners. To the maximum extent permitted by applicable law, Vetlink does not: (1) warrant the accuracy of information and/or materials on the Vetlink Service; (2) accept liability for any opinion, or statement made by any party other than Vetlink ; and/or (3) warrant that your use of the Vetlink Service will be secure, free from computer viruses, uninterrupted, always available, or error-free
To the extent permitted by applicable law, Vetlink expressly disclaims all warranties and conditions, whether express, implied or statutory, with respect to the Vetlink Service, including any implied warranties relating to satisfactory quality or fitness for purpose. In particular, Vetlinkmakes no warranty of any kind, regarding the suitability of any Service Provider and/or their provision of any pet care service(s).
Limitation of Liability Liability in relation to our provision of the Vetlink Service to any Service Provider shall be dealt with under the terms of the Clinic Agreement Subject to the final paragraph of this section, if you are a Pet Owner Vetlink shall only be liable to you in relation to compensating you for loss or damage that is a foreseeable result of Vetlink breaching these Terms and, in such instance, only up to a maximum of £50. Except where prohibited by applicable law, in no event shall Vetlink be liable to you for any non-foreseeable loss or damage, or any consequential losses, or for any business losses, or loss of revenue, contracts, data, or other similar losses in relation to your access and use of the Vetlink Service. Vetlink is, at all times, acting as an intermediary service provider and merely facilitates the interaction between a Service Provider and Pet Owner via the Vetlink Service.
If you have a dispute with a Service Provider or Pet Owner whilst using the Vetlink Service, you agree that Vetlink shall not be responsible for resolving such dispute and that you shall first seek to resolve such dispute with the applicable Service Provider or Pet Owner.
In no event will Vetlink be liable for any direct or indirect consequences of a Pet Owner or Service Provider failing to comply with laws, regulations, local by-laws and codes of practice applicable to you.
If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election). We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these Terms.
Governing Law and Jurisdiction. These Terms shall be governed by the laws of England and Wales, except that, if you are a consumer and not a business user, and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. You further agree that any dispute between you and Vetlink or a Service Provider or Pet Owner regarding these Terms will be dealt with only by the English courts, except that, if you are a consumer and not a business user, and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we or another party bring legal proceedings, such proceedings may only be brought in your country.
Miscellaneous. Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorised in writing by the party to be bound. The invalidity, illegality or in-enforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. These Terms (and, in the case of the Service Provider, the Clinic Agreement) represent the entire agreement between Vetlinkand the applicable Service Provider and/or Pet Owner (as applicable).
If you have any questions about anything in these Terms, please contact us via email at email@example.com