Terms and Conditions

By purchasing the Plan, you agree to these Membership Terms and Conditions (these “Terms”). In these Terms, The Vets Holding Inc. is referred to as “The Vets”, “we,” “us,” or “our.” You are referred to as “you” or “your.”

1. General

Your Plan begins on the date of your enrollment (“Enrollment Date”) and will end 12 months after the Enrollment Date. Unless otherwise specified, your Plan will automatically renew on each anniversary of the Enrollment Date, for subsequent 12-month periods, until either you or The Vets cancels the Plan as provided below. We will contact you by email at the email address provided by you at enrollment to remind you when your subscription is up for renewal. Each 12-month period during which your Plan is in effect shall be a “Plan Year.” The Plan only applies to you (except as noted below) and only to the pet you enrolled in the Plan at the time of purchase (the “Pet”). You cannot transfer the Plan to another pet or to a subsequent owner of the Pet. The Vets reserves the right to determine the Pet’s eligibility for the Plan. You may request to assign the Plan to another person to whom ownership of the Pet has been transferred. A request to assign the Plan should be submitted by you in writing on a form provided by The Vets. We may decide in our sole discretion whether to approve or deny a request to assign the Plan. You acknowledge that you have reviewed and understand the services included in the Plan (the “Services”) and the requirements for eligibility in the Plan (available at https://thevets.com/total-wellness-plan/). During each Plan Year, you are entitled to the Services. We will use our reasonable efforts to provide the Services at times you request. However, limited staffing may in some cases require that we refer you to another veterinary provider or work with you to schedule a future appointment. It is your responsibility to read and understand these Terms and the Services included in the Plan.

2. Price and Payment

The price for the Plan during the initial Plan Year is the price in effect on the Enrollment Date. The price for the Plan during each subsequent Plan Year is the price in effect on the renewal date. We reserve the right to adjust Plan prices and the Services included in the Plan at any time. Any adjustments and changes would apply during the subsequent Plan Year(s). You agree to pay for the Plan either (a) in full for the upcoming Plan Year on the Enrollment Date or anniversary thereof, or (b) in monthly installments, as selected by you when you enrolled the Pet in the Plan. Monthly payment installments will be billed directly to the credit card or deducted from the bank account, as indicated in your enrollment documentation. An overdraft/reprocessing fee of $20.00 will be charged for insufficient funds, over-limit status, or any other reason a payment is unable to be processed based on the account information you supplied to us. You are responsible for immediately notifying us of any changes in billing account information to avoid any payment overdraft/reprocessing fees.

3. Estimated Savings

You understand that the Plan documentation may provide or promote estimated savings on specific services and treatments. The actual savings may vary depending on the Pet’s health condition, the Services utilized, and other factors.

4. Limitations

For the avoidance of doubt, the following items or services are NOT covered or included in the Services under the Plan, or by these Terms, and you must pay for such out-of-scope services at the time the item or service is provided (in addition to the normal Plan Year fees):

• Services rendered by a specialist to whom the Pet is referred to by The Vets.
• Services by any veterinarians not employed by The Vets.
• Services, by volume or amount, in excess of the amount permitted under the Plan.

You agree that any house-call visits pursuant to the Plan will be made during normal working hours and that the Plan does not cover emergency or after-hours visits. You acknowledge that the Plan is intended for preventative care use only and is in no way to be considered emergency care, pet health insurance, or indemnity property insurance.

5. Cancellation

Either The Vets or you may cancel the Plan at any time as described below, but in some cases, you may be required to pay additional fees upon cancellation. If your cancellation of the Plan results in you owing money to us, the amount due must be paid in full at the time of cancellation. If cancellation results in us owing you money, we will pay you the amount due within 30 days after cancellation. To cancel the Plan, you can (i) call 844-722-VETS, or (ii) send written notice by e-mail to support@thevets.com.

Cancellation by You:

You may cancel the Plan at any time for any reason (including death or loss of the Pet, or transfer of ownership of the Pet). Upon your cancellation prior to the end of the Plan Year, if the total undiscounted retail value of Plan Services already provided during the Plan Year (with all discounts reversed as if the Plan had not been in effect for the Plan Year), as reflected in The Vets’ records and/or customer dashboard, exceeds the sum of monthly installments paid for that Plan Year (such excess amount, the “Overage”), you must do one of the following:

• (a) Immediately pay in full the Overage; OR
• (b) Immediately pay the total remaining Plan Year monthly installments in full, if less than the Overage; OR
• (c) Continue making the monthly payments as they become due for the remainder of the Plan Year then in effect.

If an Overage exists at the time of cancellation, then until you either pay the Overage in full or, if less, pay the total remaining Plan Year monthly installments, you expressly authorize The Vets to continue charging your credit card on file for the monthly payments as they become due for the remainder of the Plan Year, then in effect as if you had not canceled the plan. If you paid all Plan fees for the current Plan Year in advance upon enrollment or renewal, then, upon cancellation by you, The Vets will refund the lesser of (a) one-twelfth of the Plan Year fee times the number of full months remaining in the Plan Year, or (b) the full annual fee minus the undiscounted retail value of all Plan Services that have been provided in the Plan Year (with all discounts reversed as if Plan had not been in effect for the Plan Year).

Cancellation by Us:

We reserve the right to cancel the Plan at any time and for any reason. If we choose to cancel the Plan for a reason other than your default under these Terms (as described in Section 6 below), then we will not charge any future payments due under the Plan and your obligation under these Terms will be satisfied in full.

6. Default:

If you fail to pay any monthly installment by its due date, we reserve the right to immediately suspend providing Services under the Plan until you reinstate the Plan by paying all monthly installments due and owing at the time of payment. If any monthly installment is past due for 30 days or more, we may immediately cancel the Plan and discontinue Plan Services, declare all remaining monthly installments for the then-current Plan Year to be immediately due and payable, and refer your account to a third-party collection agency (if necessary). Collection activity may negatively impact your credit rating and may result in collection fees that will be payable by you.

7. Collection Costs:

Whether or not a legal action is commenced, you agree to pay and reimburse us for any and all fees and costs of any collection agency, which may be based on a percentage of the debt (up to the maximum percentage of 33%), and all fees, costs, and expenses, including reasonable attorney’s fees, we incur in such collection efforts. In each case, such amounts may be added to the debt owing when the account is placed into collections.

8. Consent to Receive Communications:

You consent to receive calls, text messages, emails, and other communications (including by use of automatic dialing devices and/or pre-recorded/artificial automated voice or text messages) from The Vets regarding the Plan, including updates, reminders, marketing materials, and efforts to collect amounts owed. You may opt out of receiving such communications at any time by providing written notice to The Vets at support@thevets.com.

9. Informed Consent to Tele-Advice Appointments.

The Plan Services may include or require you to engage in telehealth appointments. Telehealth is the delivery of veterinary care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location. Telehealth Services are not intended to replace a veterinary-client-patient relationship or be the means for permanent veterinary care for your Pet. As with any online health service, there are potential risks associated with use. When using these services, you understand the additional risks of telehealth and waive any liability on the part of The Vets or any veterinarian, veterinary technician, or other employee of The Vets. These risks include, but may not be limited to, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the veterinarian; delays in evaluation or treatment due to failures of the electronic equipment; and an incomplete or inaccurate diagnosis of your Pet. IF YOUR PET IS EXPERIENCING AN EMERGENCY, YOU SHOULD VISIT AN EMERGENCY ROOM. DO NOT USE OUR PLATFORM OR RELY ON YOUR PLAN WHEN YOUR PET IS HAVING AN EMERGENCY. By purchasing the Plan, you acknowledge and agree with the following: You may expect benefits from the use of telehealth, but results cannot be guaranteed or assured. In some instances, your veterinarian may determine that telehealth Services are not appropriate for some or all of your Pet’s treatment needs, and accordingly may elect not to provide telehealth Services to you.

10. Wellness Plans Are Not Insurance:

THE PLAN IS NOT AN INSURANCE POLICY. It is a preventive care plan designed to provide specific Services to your Pet. Each Plan is a 12-month bundle of Services described in the Plan details available at Total Wellness Plan page. 

11. Joint and Separate Liability.

If more than one person enrolls the Pet in the same Plan, then the term “you” and “your”, as used throughout these Terms, will include each such person.  In that case, each person will be jointly liable for all obligations under these Terms and the Plan, and each person will be separately liable for all amounts payable under these Terms and the Plan.

12. Disclaimer.

THE VETS MAKES NO WARRANTIES OR GUARANTEES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, REGARDING THE SUBJECT MATTER OF THESE TERMS, INCLUDING WITH RESPECT TO THE SERVICES, AND ALL WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING THE IMPLIED WARRANTIES OF PET HEALTH, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.  ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE VETS RESERVES THE RIGHT TO REFUSE SERVICES, OR REFUSE TO MAKE HOUSE CALL VISITS, IN ITS SOLE DISCRETION.

13. Limitation of Liability.

THE VETS’ LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLAN, OR THE SERVICES UNDER ANY LEGAL THEORY WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU UNDER THE PLAN AS OF THE DATE THE PARTY’S LIABILITY TO THE OTHER IS AGREED OR FINALLY DETERMINED.  IN NO EVENT WILL THE VETS BE LIABLE TO YOU FOR SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Mutual Arbitration Provision.

Any claims, controversies, or disputes arising out of or related in any way to these Terms or the Plan shall be subject to binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and under the Federal Arbitration Act. This includes, without limitation, any claims, controversies, or disputes that would otherwise be subject to class actions. Class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.  You also waive your right to participate as a representative or member of any representative action related to disputes arising from these Terms. The Consumer Arbitration Rules of the AAA are available online at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. You and The Vets are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms, the Plan, or any aspect of the relationship between you and The Vets, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to arbitration as described above. Notwithstanding the foregoing obligation to resolve disputes using arbitration, either you or The Vets may assert claims, if they qualify, in small claims court in Fort Lee, New Jersey or any United States county where jurisdiction is proper These Terms are governed by the substantive laws of New Jersey, without regard to New Jersey choice of law rules. Judgment of the arbitration award may be entered in any court of competent jurisdiction.

15. Notice of Cancellation.

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. If you cancel this transaction during that three-day period, you will be required to pay The Vets the retail value of any Services rendered prior to such termination.