This Total Wellness Membership Plan Membership Program (this “Agreement” or “Program”), is between you (“You” or “Your”) and The Vets (“The Vets”, “we,” “us,” or “our”). Thank you for enrolling your pet, (the “Pet”) in a Total Wellness Membership Plan (the “Plan”) through The Vets. This Agreement governs your relationship with The Vets in connection with the Plan.
Your Plan begins on the Enrollment Date and will end 12 months after the Enrollment Date (the “Plan Year”). Unless otherwise specified, the Plan will automatically renew on the anniversary of the Enrollment Date in each succeeding year for subsequent periods of one year until either you or The Vets cancels the Plan as provided below.
The Plan only applies to you and to the Pet you enrolled in the Plan. 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 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/terms_and_conditions/).
During the Plan Year, you are entitled to the Services. We will use our reasonable efforts to provide the Services, and other services as needed, 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 this Agreement and the Services included in the Plan.
Price and Payment
The initial price for the Plan is the price in effect on the Enrollment Date. The price for any renewal of the Plan 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 when you renew the Plan.
You agree to pay for the Plan in full upon enrollment or in monthly installments, as selected by you when you enrolled the Pet in the Plan. Monthly payment installments will be billed directly to your credit card or deducted from your bank account. An overdraft/reprocessing fee of $20.00 will be billed to you 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.
You understand that the Plan may provide estimated savings on specific services and treatments. The actual savings may vary depending on the Pet’s health condition and the services utilized.
For the avoidance of doubt, the following items or services are NOT covered by this Agreement or the Plan:
- Services rendered by a specialist to whom the Pet is referred to by The Vets.
- Services by any veterinarians not employed by The Vets.
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.
Either The Vets or you may cancel the Plan at any time as described below, but there may be monies due upon cancellation. If cancellation of the Plan results in you owing money to us, the amount due will be paid in full at the time of cancellation. To cancel the Plan, you can (i) call 844-722-VETS, (ii) send written notice by e-mail to email@example.com or (iii) visit https://thevets.com/total-wellness-plan/
- Cancellation by you: You may cancel the Plan for any reason (including to death or loss of the Pet or transfer of ownership of the Pet). Upon cancellation prior to the end of the Plan Year, if the total undiscounted retail value of Plan services/products already provided during the Plan Year exceeds the sum of monthly installments collected for that Plan Year, you must do one of the following:
- (a) Immediately pay full retail fees for all services/products provided (with all discounts reversed as if the Plan had not been in effect for the Plan Year) to the extent such fees exceed the total of monthly payments received by Provider for the Plan Year; OR
- (b) Immediately pay the total remaining Plan Year monthly installments in full if less than the amount described in paragraph (a); OR
- (c) Continue making the monthly payments as they become due for the remaining term of the Plan Year then in effect.
If you paid all Plan fees in advance upon enrollment, then, upon cancellation by you, The Vets will refund, if any, the lesser of (a) one-twelfth of the annual 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/products 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 this Agreement, then we will not charge any future payments due under the Plan and your obligation under this Agreement will be satisfied in full.
- 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 reinstates the Plan by paying all monthly fees due and owing at the time of payment. If any monthly installment is past due for 120 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. Collection activity may negatively impact your credit rating and may result in collection fees that will be payable by you.
- 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.
- 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 firstname.lastname@example.org.
- Informed Consent to Tele-Advice 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 you may receive from your veterinarian are not intended to replace a veterinary-client-patient relationship or be the means for your 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 WHEN YOUR PET IS HAVING AN EMERGENCY.
You acknowledge that you understand 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.
- Wellness Plans Are Not Insurance: The Total Wellness Membership Plan offered by The Vets is not an insurance policy. It is a preventive care plan designed to provide specific services and benefits to your Pet. Each Total Wellness plan is a 12-month bundle of services detailed in the Plan details available at https://thevets.com/total-wellness/
- Joint and Separate Liability. If more than one person enrolls the Pet in the Plan, then the term “you” and “your”, as used throughout this Agreement, will include each and all of them. In that case, each person will be jointly liable for their obligations under this Agreement and each of them will be separately liable for all amounts payable under this Agreement and the Plan.
- 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 and The Vets also waive their rights 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 this Agreement, 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 you live or work
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.
- 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. See the attached notice of cancellation form for an explanation of this right. 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.
Right of Cancellation
You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the date of the transaction.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
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.
To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to The Vets, at One Bridge Plaza, Suite 675, Fort Lee, New Jersey, 07024 prior to midnight of the third business day after the date of this transaction.