Terms of Service

Last updated: January 24, 2021

Thank you for using The Vets!

These Terms of Service (“Terms”) describe the terms and conditions, which you accept by using The Vet’s Website, available at: www.thevets.com or related applications, platforms and Services, as this term defined below. These terms, together with our Privacy Policy , are a binding agreement between you and The Vets and you are advised to read them thoroughly before using our Website and Services. Our privacy policy (https://thevets.com/privacy_policy/), which describes our collection and use of personal data, complements these Terms, and you are strongly advised to read it thoroughly as well and make sure you agree to our data processing activities.

 

1.    Introduction

The Vets is a digital platform that connects between pet owners and professional Veterinarians, for the purpose of booking medical home visits for pets. It is hereby clarified that The Vets acts as an intermediate service, and as such, is only in charge for connecting you, a pet owner and a user of our platform, with one of the Veterinarians (also “Vets”) that the company is collaborating with. Our Services as an intermediating platform include the connection, coordination and operation of your pet’s Vet appointment, and the provision of relevant supplemental information, updates and offers. Thus, the company is not responsible, and is not a side to, the final agreement between you and the Vet in any way, and the sole responsibility for the medical treatment committed on your pet lies on the Vet who performs such treatment on your pet, and we urge you to ask them any question regarding the professional service.

2.     Definitions used in these terms

To ease your orientation and understanding of these Terms, we gathered here for your convenience, the terms used in this document, and their respective definitions:

·      Content means any content available to you via the Website or Services, including all text, photos, images, audio, video, information, links, forms and other content.

·      The Vets or theCompany– the owner and/or the operator of the Website and Services, an incorporated company under the Law of Delaware, and is located in251 Little Falls Drive, City of Wilmington, County of New Castle, 19808, Delaware.

·      The Services means the Website, the platform and corresponding services provided by us, including the platform’s intermediary services described above in the Introduction (Section 1 above), and the services described under Section 3.1 below.

·      Veterinarian/s or Vet/s means a professional/s that practices veterinary medicine, and is offering their medical services to pet owners through the Website.

·      The Website – the web platform operated by The Vets, and available at: www.thevets.com any related web application, and including its mobile version and the Company’s mobile app.

 

3.   Services

3.1. Our Services

The Vets Services include of a platform which, as mentioned above, connects between pet owners and Veterinarians. We act as an intermediate platform to connect, coordinate, and operate Vets appointments to pets’ owners, so as helping them with updates, tips and suggestions for supplemental products, and other relevant offers.By using The Vet’s services, you accept and acknowledge that your ability to obtain pets medical services from Veterinarians through The Vet’s Website and Services, does not establish The Vets as a provider of medical services for pets, under no means. The Company maintains location, onboarding and vetting procedures when engaging Vets into its platform, however, the Company cannot guarantee at all times satisfactory of the Vets services.

3.2 . Veterinarian Services

The Veterinarians engaged with The Vets are professional and licensed veterinarians, they are external third parties to this agreement, and are not employed by The Vets. It is hereby clarified that your relationship with the Veterinarians, beyond the initial connection and overall coordination management, made with them via our platform, is not part of Our Services and this agreement.

3.3 . Third Party Promotional Offers

Our Services will be supplemented by offers of goods and services relevant to pets needs and to the core services we offer via the platform. Such offers will be provided by us but will be ordered from and provided by third parties, with whom we cooperate commercially.It is hereby clarified that when such offers are provided by others, and engaged by you, your engagement with such third party is made at your own will, discretion, and is governed by the terms and condition of that third party. The Vets does not endorse such offers, and in no event shall The Vets be responsible or liable for any offers or services of such third parties.

4.   Communications from The Vets

You will receive administrative communications from us using the email address or other contact information you provide to The Vets, including telephone number. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails. You may also receive promotional emails from us, if you will give your consent to that and so long as you did not withdraw your consent. You can control whether you want to keep receiving these promotional emails by unsubscribing to them.

5.    License

Subject to your compliance with these Terms, The Vets grants you a limited, non-exclusive, non-commercial, non-sub licensable, revocable, non-transferable license to: (1) access and use the Website, solely in connection with your use of Our Services; and (2) access and use the Content, information and related materials that may be made available through Our Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by The Vets and its licensors, and are restricted for you to use.

Without derogating from the generality of the above, and for the avoidance of doubt, you may not: (1) copy, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Our Services, except as expressly permitted by The Vets; (2) decompile, reverse engineer or disassemble Our Services, except as may be permitted by applicable law; (3) link to, mirror or frame any portion of Our Services; (4) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of Our Services; or (5) attempt to gain unauthorized access to or impair any aspect of Our Services or its related systems or networks.

6.    Ownership

The Website, Our Services and all rights therein –including all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to Our Services, including without limitation all software, integrations with data sources, technology and other rights used to provide Our Service, and all graphics, user interfaces and any documentation, any improvements, design and any knowledge or processes related to them – are and shall remain The Vets’ property or the property of third parties collaborating with The Vets. Neither these Terms nor your use of Our Services convey or grant to you any rights, except for the limited license granted above.

7.     DMCA – Notice and Removal

The Vets respects the intellectual property rights of others. Per the DMCA, (Digital Millennium Copyright Act), The Vets will respond expeditiously to claims of copyright infringement regarding Content publishedon theWebsite if submitted to the above mentioned email address info@thevets.com Upon receipt of a notice alleging copyright infringement, The Vets will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing Content and termination of access for repeat infringers of copyright protected content, or asking you to provide more data about your complaint.

8.   Payment / Cancellations

8.1. The payment for the Vet’s home visit will be determined by the Vets in accordance with the services they provide, and will be made directly to them at the end of the visit.

8.2. In general, any cancellation of a home visit shall be subject to the cancellation policy of the Vets you book via the Services.

 

9.    Availability, Changes and Interruption of the Services

From time to time we will need to modify and/or update the Website or Services in order to improve performance, enhance functionality, reflect changes to operating systems and/or address security issues. We reserve the right to carry out such modifications at any time. We will keep you informed of any material changes carried out via these Terms, or the course of the Services, in the methods available for us, and as provided in these Terms.

We reserve the right to temporarily suspend the use of the Website or services, to all users or in respect of your use only.

10.         Disclaimers; Limitation of Liability; Indemnity

10.1 DISCLAIMER

Our Services are provided “as is”, without any warranty of any kind, and on an “as available” basis.The Vets disclaims all responsibilities, representations and warranties – expressed or implied – which were not expressly set out in these Terms.The Vets does not guarantee, and is not responsible for, the quality, suitability, safety or ability of any third party providers, including the Veterinarians via OurServices. By using Our Services, you accept that the entire risk arising out of actions made by you or by third parties, including medical treatment committed by the Veterinarians collaborating with The Vets, remains solely with you, to the maximum extent permitted under applicable law.

TheVeterinarians collaborating with our platform are being described as “verified” by The Vets (or similar language), only to demonstrate that the veterinarians provided The Vets with documents, such as ID and academic credentials, that seemingly prove their identity and their competence to commit medical procedures on pets. The Vets disclaims any responsibility for the authenticity of these documents and for the correctness of the information they claim to verify.

10.2 Limitation of Liability.

In no event will The Vets, its directors and employees, be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of theWebsite and/or Our Services, or any related software accessed through or downloaded from them, oryour inability to access them. Without limiting the generality of the foregoing, The Vets shall not be responsible in any way to any transaction or relationship between you and any third party, including the Veterinarians.

The limitations mentioned in these Terms do not infringe your rights as a consumer that cannot be excluded under applicable law, therefore in such jurisdictionsThe Vet’s liability shall be limited to the extent permitted by law. This provision has no effect on The Vet’s choice of law provision set forth below.

10.3 Indemnification

You hereby agree to indemnify, defend and hold us and our directors, employees, and third party representatives, consultants and contractors, from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorneys’ fees) or liabilities arising out of, resulting from, or in connection with (1) your use of the Website or Our Services, including damages caused to you or to your pet by the Veterinarians – to the fullest extent permitted by applicable law; (2) your breach or violation of any of these Terms.

11.        Notices

Notices by The Vets might be given as a general notice in these Terms, or to the email address you provide us. Notice will be deemed given 24hours from the moment the email is sent. Alternatively, we may give you legal notice by mail to the address provided by you during your use of the Website.Such notice shall be deemed to have been given upon the expiration of 72 hours after mailing or posting (if sent by first class mail or pre-paid post).

You may give notices to The Vets, via info@thevets.com with such notices deemed given when received by The Vets.

12.        Law and Forum for Legal Disputes

TheseTerms will be governed in all respects by the laws of the state of Delaware, and the exclusive jurisdiction is given to the courts of Wilmington, Delaware, USA.

13.         General

These Terms, together with The Vet’s Privacy Policy and any other policies we may incorporate onto these Terms from time to time,contain the entire understanding and agreement between you and The Vets.

You may not assign these Terms without The Vet’s prior written approval. The Vets may assign these Terms, without your consent, to: (1) a partner or contractor of The Vets; (2) an acquirer of The Vet’s equity, business or assets; or (3) a successor by merger.

14.         Modification

The Vets may modify these Terms from time to time to conform to an applicable legislation, or, when we develop and adjust the Website or Our Services. When we make changes, we will update the “Last updated” statement of the Terms above, to reflect any such changes and those will become effective upon such date. If the changes are significant, we will also provide you with notice of any material changes by email at least 7days before the date they become effective. If you disagree with the revised terms, you may terminate your agreement with us, before the revised terms become effective. If you will continue to access or use our Website or Our Services after the changes become effective, it shows your acceptance of the revised terms.