Terms and Conditions
Welcome to Your Vet Online. We developed Your Vet Online (the “Website”) to make it easy for you to ask and receive qualified animal health advice from veterinarians whenever you required it. We want to ensure animal welfare is a priority.
Your Vet Online allows you to discuss and ask questions over video and messenger services for a fee.
We have tried to draft these Terms of Service in a clear and simple manner. Unfortunately, the realities of the legal world make it a very difficult task. So, should you have any questions or concerns or would simply like to better understand how Your Vet Online operates, please do not hesitate to contact Your Vet Online directly.
Below are our terms and conditions, there are important details in the whole document, so you should read it carefully.
1. The Website
1.1. Welcome to www.yourvetonline.com(the ‘Website’). The Website provides veterinary services (the ‘Services’).
1.2. The Website is operated by Your Vet Online Pty Ltd (ACN 609015876). Access to and use of the Website, or any of its associated products or services, is provided by Your Vet Online Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Your Vet Online Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Your Vet Online updates Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
This is implied by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Your Vet Online in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you may be required to register for an account through the Website (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) email address;
(c) postal address;
(d) telephone numbers; and
(e) option on receiving updates, promotional material, and other information.
3.3. You warrant that any information you give to Your Vet Online in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Your Vet Online Pty Ltd; or
(b) you suffer from mental impairment which renders you unable to understand the Terms at the time of using the Website; or
(c) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Your Vet Online Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Your Vet Online Pty Ltd providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Your Vet Online Pty Ltd;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Your Vet Online Pty Ltd for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
(a) Credit Card Payment (‘Credit Card’).
5.2. All payments made in the course of your use of the Services are made using Stripe (‘Stripe’). In using the Website, the Services or when making any payment in relation to your use of 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.
5.3. You acknowledge and agree that where a request for the payment of the Services 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 Services Fee.
5.4. You agree and acknowledge that Your Vet Online Pty Ltd can vary the Services Fee at any time.
6. Refund Policy
Your Vet Online Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Your Vet Online Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Your Vet Online Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Your Vet Online Pty Ltd or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Your Vet Online Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Your Vet Online Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Your Vet Online Pty Ltd.
7.3. Your Vet Online retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.4. You may not, without the prior written permission of Your Vet Online Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Your Vet Online Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Your Vet Online Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Your Vet Online Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Your Vet Online Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your convenience.
9.4. In relation to the use of the words “on demand”, Your Vet Online Pty Ltd makes no guarantee or representation that Services are provided immediately upon request or within any determined time frame. Time frames for access to our Services are subject to availability and may be displayed on the Website from time to time.
10. Veterinary Advice and Supply
10.1. Information presented on our Website is of a general nature and not intended to be a substitute for professional veterinary healthcare advice.
10.2. Documents and graphics published on our Website may include inaccuracies or typographical errors.
10.3. You accept that recommendations as to diagnosis, treatment and best standards of practice are constantly evolving in the veterinary industry, and that opinions between professionals may differ from one another. The right to prescribe medications remains at the veterinarian’s discretion.
10.4. You agree that any advice, including advice provided by qualified veterinarians, are limited in the absence of in-person examination of the animal and formal one-to-one consultation with a person familiar with the animal. You accept that Your Vet Online Pty Ltd cannot be held liable for any damage or loss arising from your reliance on advice derived by use of our Website in such circumstances.
10.5. You acknowledge and accept that we will only issue and fulfil medication scripts, and dispense medication, to customers whose identity is proved to us. The criteria and method of providing your identity will be set out on the Website, at our absolute discretion, and may be dependent on the type of medication to be provided.
11. Limitation of liability
11.1. Your Vet Online Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that Your Vet Online Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. You agree that Your Vet Online Pty Ltd will not be liable for any information and services provided free-of-charge via the Website or social media streams.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Your Vet Online Pty Ltd as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) providing Your Vet Online Pty Ltd with 5 working days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Your Vet Online Pty Ltd has made this option available to you. Your notice should be sent, in writing, to Your Vet Online Pty Ltd via the ‘Contact Us’ link on our homepage.
12.3. Your Vet Online Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Your Vet Online Pty Ltd is required to do so by law;
(c) the provision of the Services to you by Your Vet Online Pty Ltd is, in the opinion of Your Vet Online Pty Ltd, no longer commercially viable.
12.4. Subject to local applicable laws, Your Vet Online Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Your Vet Online Pty Ltd’s name or reputation or violates the rights of those of another party.
13.1. You agree to indemnify Your Vet Online Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
14.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 working days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 working days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Mediation Australia or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
14.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Your Vet Online is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
17.1. It is recommended that you seek your own legal advice regarding these Terms.
17.2. You acknowledge that you are aware of your rights to obtain independent
legal advice, and regardless of whether you have exercised this right, you confirm and declare that you understand these Terms, agree that the provisions of the Terms are fair and reasonable, and that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
- Personal information collected may include, but not be limited to: name, email address, mailing address, phone number, skype address etc. Users may refuse to provide personal information, except that such refusal may prevent them from utilising some or all of the services provided on the site.
Use of Information
- Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
- We may from time to time, use your personal information to contact you about: important changes to our services, planned service outages, any communication necessary for the provision of agreed services to you, and promotional materials if you have consented to receiving them.
Collecting information on registered members
- As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
- Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, and option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Credit Card Details
- Credit Card details are not stored by our site, but immediately transmitted to the payment gateway in a secure manner acceptable to the payment gateway.
- Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
- We may disclose personal information in compliance with a court order, co-operation with criminal investigations, other situations in which we reasonably believe disclosure is required to comply with laws, and to prevent or minimise harm to personal or public safety.
- We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
- From time to time, we may need to transfer your information to overseas entities that are not subject to same level of privacy protections as Australia. Reasons for this may include: backup storage, and provision of services by third parties. When this is required, we will notify you and obtain consent for this transfer.
- We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
- However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Links to external websites
- Our websites may contain hyperlinks to websites not controlled by us. We cannot and do not provide assurances of privacy and information security related to such websites.
Collecting Information from Users
- IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
Applets are small programs embedded within web pages to provide interactivity that is not able to be facilitated by standard HTML code. Some applets may collect limited information about you (such as computer hardware and software parameters) in order to provide interactive capability and content.
- Non-personal Information
Certain non-personal information may also be collected by the site. This may include: browser name, the type of computer and technical information about a user’s means of connection to our site, such as the operating system and the Internet service provider utilised and other similar information. This information is used to customise the user’s experience of our site, and to assist in managing the site and its supporting infrastructure.
Access to Information
- We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us using the details on our website, to have the information corrected.
- Registered users can access their information by logging into the website and viewing their account.
- Our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Your acceptance of these terms
- By using this site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our site. Your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.
Problems or questions
- For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site: http://www.privacy.gov.au/.