iVET PETCARE Mobile Apps (“iVET PETCARE” or “we”) is a digital pet care solution that provides information for documentary, educational purposes and offers on demand video consultations (iVETZoom).
Please read these terms of service (“Terms of Service”) carefully before accessing and/or using iVET PETCARE (i.e. https://www.ivetpetcare.com) (“Website”) or any of its mobile applications (“Apps”) and any products (“Products”) or Services (as defined below) made available on the Website and/or Apps owned and/or maintained by iVET PETCARE or any of its affiliates or related corporations, so that you are aware of your legal rights and obligations with respect to iVET PETCARE.
By accessing any Website and/or Apps, purchasing any Products or using any Services offered on the Website, you hereby agree to be legally bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please leave the Website and discontinue the use of the Website, Apps and/or all Services immediately.
PLEASE DO NOT USE THE WEBSITE AND/OR APPS FOR MEDICAL EMERGENCY. IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY HOTLINE OR BRING YOUR PET TO THE NEAREST VETERINARY HOSPITAL.
USE OF THE WEBSITE AND APPS
As a condition of your use of our Website and Apps, you hereby represent and warrant that:
1.you are at least 18 years of age and of sound mind. If you are under the age of 18, you confirm that you have your parent’s or legal guardian’s permission to use our Website and/or Apps;
2.you have full authority, power and capacity to enter into these Terms of Service and to perform its obligations hereunder;
3.you have read and understood these Terms of Service as well as any documents or terms incorporated herein by reference, and agreed to be bound by the same;
4.you will use our Website and/or Apps in accordance with these Terms of Service and for lawful purposes as stipulated by law;
5.you shall not abuse the Website and/or Apps in any way, and shall not use the Website and/or Apps and/or Services in any manner which violates any law or regulations or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of iVET PETCARE, its affiliates or related corporations, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with another user’s use and enjoyment of the Website and/or Apps and the Services made available on the Website and/or Apps;
6.you will only use our Website and/or Apps to purchase Products or Services for a pet for whom you are legally authorised to act for;
7.you shall not take any action which is intended to, or would reasonably be expected to harm iVET PETCARE, its affiliates or related corporations and the Website and/or Apps, or which would reasonably be expected to bring iVET PETCARE, its affiliates or related corporations into disrepute;
8.all information supplied by you on our Website and/or Apps is true, accurate, current and complete; and
9.if you have an account with our Website and/or Apps, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
You undertake and agree to notify iVET PETCARE immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect.
We retain the right at our sole and absolute discretion to deny you access to our Website and/or Apps, Products and Services we offer, and/or terminate your account at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Service.
We regularly update, amend, delete or change any information provided on our Website and/or Apps. Although we will end ever to ensure that all information contained on our Website and/or Apps is accurate, we do not guarantee that all information or prices on our Website and/or Apps will be complete and accurate.
Our Website and Apps provide a teleconsulting platform for remote medical consultations, home-based services and other health and information services (“Services”). The Services made available on our Website and Apps may not be applicable to all pets, clients or all clinical situations. Some medical conditions are not suitable for remote medical consultations. If you are unsure whether you have been able to explain or communicate to the veterinarian your medical conditions and needs accurately or fully, or if you have any other concerns, you are recommended to seek advice from a veterinarian in person. You should not use our Services in an emergency, or if your pet has any conditions that you know or reasonably be expected to require a physical examination.
iVETZoom is designed to facilitate and support your consultations as well as the health decisions and choices that you make, the said decisions and choices are yours and you are ultimately responsible for the same.
You may ask questions during private consultations with the Veterinarian in charged. You may find answers to your questions on our Website and Apps, or the veterinarians may provide you with medical advice during and/or after your consultations.
When you participate in online consultations, you understand and agree that the advice given during the consultations are based on the information you provide to the veterinarians, including but not limited to you and your pet’s health records, medical examination history and your description of the conditions or symptoms that your pet experience at the relevant time. You acknowledge and agree that you shall not hold iVET PETCARE, its affiliates or related corporations and the veterinarians responsible for any misdiagnoses as a result of inaccurate information given by you.
The veterinarians shall be solely responsible for determining the need for a face-to-face consultation with you and iVET PETCARE shall not be held liable for any misdiagnoses, acts or omissions of the veterinarians.
iVET PETCARE makes no claims or warranties as to the effectiveness of any Services made available on our Website and Apps. Any Services made available on our Website and Apps are for your information only and do not necessarily imply appropriateness for any particular individual or medical condition, or prediction of the effectiveness, outcome or success of such Services.
Access to and/or use of the relevant iVET PETCARE Website or Apps are at charges to be stipulated by iVET PETCARE from time to time, provided that you will be given the opportunity to decline or discontinue further access to and/or use of the relevant iVET PETCARE Website, Apps or Services if you do not agree with the charges.
Unless otherwise provided in these Terms of Service, all purchases of Products and/or Services are final, irreversible and non-refundable.
Our Website and Apps, and the Products and Services made available on our Website and Apps are provided “as is”. Neither iVET PETCARE, the veterinarians, nor any other user of the Website and Apps, shall make any express or implied warranties, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
While iVET PETCARE endeavours to ensure that the veterinarians are validly accredited and/or licensed to practise in their field of expertise, and that the content of our Website and Apps or the Products or Services ma’
de available on our Website and Apps satisfy government regulations, iVET PETCARE shall not be held liable for any breach of government regulations which does not result from iVET PETCARE’s acts or omissions, and/or which is beyond iVET PETCARE’s reasonable control.
To the extent permitted by applicable law, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms of Service are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, iVET PETCARE disclaims any liability in relation to the same.
To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless iVET PETCARE, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against any claims or demands, causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:
1.your access to and use of the Website and/or Apps;
2.your purchase of Products and/or use of the Services;
3.any information posted or made available by you on the Website and/or Apps;
4.anything you do using the Content, Website and/or Apps;
5.any violation of applicable law or the rights of any third party that occurs through your use of the Content, Website and/or Apps;
6.your breach or violation of these Terms of Service;
7.any inaccuracy in any representation or warranty that you make under these Terms of Service;
8.anything done or failure to do anything by you in carrying out your obligations under these Terms of Service; and/or
9.any other wilful misconduct, default, unauthorised acts or wilful omission on your part.
TRANSFER OF INFORMATION
CANCELLATION OF ORDERS
Notwithstanding any provisions of these Terms of Service, iVET PETCARE reserves the right to refuse or cancel any order, wholly or in part, for any reason. In the event that iVET PETCARE refuses or cancels any order for any reasons unrelated to any wrongdoings or failure to comply with these Terms of Service on your part, iVET PETCARE shall refund the fees paid to you for the Products and/or Services that have been refused or cancelled.
For the avoidance of doubt, no refund shall be made to you in the event that your orders for any Products and/or Services are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. Further, iVET PETCARE reserves the right to impose a cancellation fee in the event that your orders are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. iVET PETCARE also reserves the right to impose a penalty in the event that you are late for your consultations.
iVET PETCARE retains all right, title and interest in all of iVET PETCARE’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of iVET PETCARE’s Intellectual Property Rights for any reason whatsoever without iVET PETCARE’s prior written consent.
Without limiting the above, iVET PETCARE retains all Intellectual Property Rights over the source code and technical information relating to the Website and Apps, as well as all content and information (“Content”) relating to the Website and Apps, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms of Service shall not confer any right or interest upon you to iVET PETCARE’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use Website and/or Apps and the Products and Services made available through the Website and/or Apps.
You shall not use the name, logo, trade mark, trade name, service mark or other symbol of or associated with iVET PETCARE for any purpose whatsoever without obtaining prior written consent of iVET PETCARE.
GOVERNING LAW & JURISDICTION
These Terms of Service and any dispute or claim arising from it or in connection with its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Malaysia law. Both parties accept the exclusive jurisdiction of the courts of Malaysia.
The invalidity or the unenforceability for any part of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service, which shall remain in full force and effect.
You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of iVET PETCARE. Any purported assignment in violation of this clause shall be deemed null and void.
RIGHTS OF THIRD PARTIES
Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (‘the 1999 Act‘) to enforce any term of this Terms of Service.
Nothing in these Terms of Service shall be construed to constitute a partnership, agency, or joint venture between you and iVET PETCARE, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority or power to bind iVET PETCARE or to create liability on the part of iVET PETCARE.
Should you have any comments and/or queries on these Terms of Service, please send us an email at email@example.com.
SOCIAL SHARING FEATURES AND LINKS TO OTHER WEBSITES
Our Website and/or Apps may offer social sharing features, links to social media and other integrated tools. In addition, we may, from time to time, provide you with links to other websites for your convenience and information, or other third-party websites may share links to our Website. We do not control such other social sharing features, social media and websites, and are not responsible for their contents, privacy practices or other practices. Our inclusion of links to such other social sharing features, social media and websites do not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators.
You are therefore advised to visit the privacy policies and terms of service of the entities that provide these social sharing features, social media and websites.