Last updated August 30th, 2021
Welcome to Vetster! Vetster is an online marketplace that allows licensed veterinarians (“Vets”) to provide veterinary telemedicine consultations and prescriptions to owners (“Clients”) of pets, service animals and farm and ranch animals (referred to as “Pets”). For the purposes of these Terms of Use, veterinary telemedicine refers to the delivery of veterinary medicine using information and communication technologies where the Vet and the Pet are not in the same physical location.
USE OF THIS SERVICE IS NOT FOR EMERGENCIES. IF YOUR PET HAS A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR PET’S CARE OR TREATMENT, PLEASE GO TO THE NEAREST OPEN VETERINARY CLINIC OR VETERINARY HOSPITAL.
These Terms of Use (“ Terms ”) are a binding contract between you, whether you are a Vet or a Client (“ user ”, “ you ” or “ your ”) and Vetster Inc. (“ Vetster ”, “ we ” or “ us ”) regarding your use of any website, application or other platform on which these Terms are posted (each referred to as a “ Site ”) and the services provided on such Site by Vetster (collectively with the Site, the “ Services ”). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court, to the extent permitted by applicable law.
In order to use our Services, you must be at least age of majority in your jurisdiction of residence and have the capacity to form a legally binding contract with Vetster. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the Services on behalf of such entity.
By using the Services, you signify your agreement to be bound by these Terms and our Privacy Policy ,which is incorporated by reference. If you do not agree to these Terms or our Privacy Policy, please do not use the Services.
The Terms are divided into the following sections, which can be accessed by clicking on the hyperlinks below. Unless otherwise indicated, all sections of these Terms apply to all users.
1. Our Services2. Account & Identity Verification3. Limited License to Use the Site4. Intellectual Property5. No Unlawful or Prohibited Use6. Limitations on Communications and Use of Other Users’ Information; No Spam7. Responsibility for Veterinary Listings, Reviews and Other User-Contributed Content8. Client Consultation Fees9. Client Refund Policy10. Responsibility for Insurance11. Translations & Maps12. Mobile Network13. Limitation of Liability14. Indemnity & Release15. No Warranties & Disclaimers16. Disputes; Arbitration17. Modifying & Terminating the Site or Services18. Social Media & Third Party Platforms19. Non-Solicitation Policy & Feedback20. General Provisions21. Contact Us22. Vet Eligibility; Accuracy of Information; Listing Practice Requirements23. Appearance in Search Results24. Content, Layout, and Copy25. Photographs26. Uses of Our Trademarks or Logos27. Hypertext Links28. Client Transactions29. Vet Subscription Fees30. Payment Processing31. Termination of Listings; Other Remedies
The Site is an online marketplace that allows Vets to provide veterinary telemedicine consultations to Clients for their Pets. Vets may also, at their discretion and where allowed by law, prescribe any medication they deem to be medically appropriate based on the pet’s medical needs, which can be filled by Clients using Vetster’s online pharmacy service "VetsterRx Online Pharmacy". Most medications can be delivered within two (2) business days of the prescription order being received by our online pharmacy service, or within three (3) business days if the prescription order is received on or after 12 p.m. Central Standard Time.
Vetster’s Services do not include the provision by Vetster of veterinary services, telemedicine or any other professional services. Vetster is a technology service provider that provides content and facilitates access to others that may provide veterinary telemedicine and pharmaceutical services. The Vets that Clients may access via the Site are not employees or agents of Vetster and are not credentialed by Vetster. Vetster does not have any oversight of the care provided to Pets or Clients by Vets. Each Vet is an independent licensed practitioner who is solely responsible for any veterinary telemedicine or other services provided to Pets and Clients, and is also solely responsible for obtaining Client’s informed consent, where required, to any veterinary treatment for Pets.
Vetster is not a party to any agreement or other transaction between users of the Site. This is true even if the Site offers online appointment booking, facilitates payment, or provides other tools or services to allow users to communicate with each other and enter into agreements or other transactions with each other. As a result, any part of an actual or potential transaction between a Vet and a Client, including the quality, safety or legality of the veterinary telemedicine or other services advertised, the truth or accuracy of the advertisements (including the content thereof or any reviews), the ability of Vets to provide veterinary telemedicine services, prescribe medications or the ability of Clients to contract for such services are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before obtaining veterinary telemedicine services.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Vets further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to veterinary telemedicine and the conduct of their veterinary practice, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to data and privacy, or license requirements, as applicable. Please be aware that, even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to veterinary services listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to a Vet’s listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
While the Site may provide access to certain general veterinary information, the content on the Site is not and should not be considered veterinary telehealth advice or a substitute for individual veterinary advice, diagnosis, or treatment. You should always talk to a licensed veterinarian or other regulated veterinary professional for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for your Pet. Never disregard, avoid, or delay in obtaining veterinary advice because of something you have read on the Site. None of the information on the Site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for your Pet. If you know or suspect that your pet has a medical problem or condition, please immediately contact a licensed veterinarian using the Services or otherwise.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
To use certain features of the Site or certain Services, you must establish an account (“Account”). Upon registration, you will select a user ID and password. You must provide accurate and complete information and keep your Account information current by contacting us with any updates to your contact information, as set out below under the “Contact Us” heading. All personal information associated with your Account or your use of the Site is collected, used and disclosed in accordance with our Privacy Policy.
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities that occur under your Account. You may not use the Account of any other user, without that user’s permission. You agree to immediately notify Vetster of any unauthorized use of your password or username or any other breach of security and to select a new user ID and password if you believe your Account has been compromised. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your user ID and password and take any other related action as we may reasonably request.
Vetster cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Each user acknowledges and agrees that: (a) neither Vetster nor any of our affiliates will have any liability to any user for any unauthorized transaction made using your user ID or password; and (b) the unauthorized use of your user ID and password for your Account could cause you to incur liability to both Vetster and other users.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a user through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.
There is no guarantee that you will be accepted as a registered user of the Services. We reserve the right to deny you access to the Services or any part thereof, in order to maintain or restore security or performance to the Services. We may also do so if we reasonably believe you are in breach of these Terms or your Account has been or may be used by an unauthorized person. Users are permitted to have only one account per individual. We reserve the right to suspend any account for investigation with respect to compliance with these Terms and to terminate any account where we find that the account is being used in breach of these Terms.
Further, we may, without notice to you, suspend or cancel a Vet’s listing on the Service or Client account at any time if we suspect, in our sole discretion, that an Account is being used in an unauthorized or fraudulent manner. In addition, should we ask a user for proof of identification, and that identification is not submitted in the allotted time, we reserve the right, in our sole discretion, to cancel any transaction associated with that user.
Provided you adhere to all of these Terms applicable to you, Vetster grants you a limited, non-exclusive, non-transferable, freely revocable license to use the Site. Vetster may terminate this license at our sole discretion, at any time for any reason or no reason. Any unauthorized use of the Services will violate these Terms and may violate applicable laws. Vetster reserves all of our rights in respect of such violations, including our rights to pursue any available legal or equitable remedy or recourse and seek recovery from you for the expense of so doing.
The Site, including all software, algorithms, protocols, and interfaces associated therewith, and all intellectual property associated with the Services (including but not limited to copyrights, inventions, patents, trademarks, trade secrets, industrial designs) are owned or licensed by Vetster. Nothing in these Terms confers upon you any ownership interest in any aspect of the Site or any intellectual property right associated with the Site.
“Vetster”, “http://www.vetster.com” and “http://www.vetster.ca” are trademarks of Vetster. The names and logos of other companies’ services are trademarks of their respective owners. Nothing in these Terms confers upon you any interest of any kind in these marks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
We respect the intellectual property rights of others, and Vetster does not permit, condone or tolerate the posting of any content on the Site that infringes any person’s intellectual property, including without limitation, copyright. Vetster will terminate the Account in appropriate circumstances, of a user who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please notify us immediately as set out below under the “Contact Us” heading.
You may only use the Services as permitted by the features of the Site and these Terms. As an essential condition of your use of the Services, you agree that you will not use them, in whole or in part, for any purpose that violates any applicable federal, state/provincial/territorial, local or international law, or any regulations having the force of law. You shall also not engage in the following unauthorized activities:
You also agree to immediately notify us if you learn of a security breach or other illegal activity in connection with the Services by contacting us as set out below in Section 21 - Contact Us .
Veterinarians and Veterinary Technicians using Vetster are responsible for understanding the limitations and restrictions associated with the practice of teletriage, telehealth, telemedicine and online care based on where they hold their license(s). Vetster is not responsible for interpreting local legislation and/or providing guidance or direction to veterinarians and veterinary technicians as it relates to their usage of Vetster. Veterinarians and veterinary technicians must be fully aware of what their licensure permits. Vetster is not responsible for any error made by the veterinarian or veterinary technician upon executing the permissions set by their licensing body.
We will investigate occurrences that may involve any of the above violations and may involve, and co-operate with, law enforcement authorities about users who are involved in any such violations. You acknowledge and agree that Vetster can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.
Users can send messages to each other through the Site. We encourage open communication between our users but we do not allow our users to use these options to send spam, offers to book off the Site, threats, profanity or hate. We also may not allow users to exchange email addresses, phone numbers or other contact information, web addresses, or links within the Site’s messaging systems. Vetster may monitor messages sent through the Site and between users for fraud, abuse, spam, and other violations of our policies.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking a veterinarian telemedicine consultation or related services). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has utilized your veterinary services or vice versa, to your mailing list (email or physical mail) without the user’s express consent or as otherwise permitted by applicable law. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
We have no duty to pre-screen content posted on the Site by Vets, Clients or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user, including, without limitation, veterinary listings, reviews, participation in an interactive community, forum or blog (each an “ Interactive Forum ”) or any other content provided by a user to the Site (collectively, “ user-contributed content ”). We are not responsible for user-contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.
We reserve the right, in our sole discretion, to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet the content requirements as required in the listing set up, which are incorporated by reference into these Terms, any other guidelines posted on the Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a Vet’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with formatting or information requirements or to provide services to users to create or improve listings (such as translation services), in accordance with information we have about the veterinary practice listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must (as determined by us in our discretion):
All veterinary listings on the Site are the sole responsibility of the Vet (who may be licensed veterinarian or their duly authorized agent or representative) and we specifically disclaim any and all liability arising from the alleged inaccuracies related to the listings, reviews or any alleged breaches of contract on a user’s part. Vets are solely responsible for keeping their listing up-to-date on the Site, including, but not limited to, any and all representations about their practice and the services they provide, location of their office(s), prices for their services and/or products. We do not represent or warrant that any of the listing copy, content, veterinarian qualifications, reviews or pricing information published on the Site is accurate or up-to-date.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify listings and search results. Consequently, we may change the location or geographic description associated with any listing at any time without notice. However, we assume no responsibility to verify listing content or the accuracy of the location. Vets are solely responsible for ensuring the accuracy of location, geographic and other content, and location or geographic descriptions, and agree to promptly correct (or contact us to correct) any inaccuracy and Clients are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user-contributed content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a listing, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any Vet’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the Vet’s listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personal information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
When a Client books an appointment on Vetster, they are booking directly with the veterinary professional. Similarly, when a Client fills a prescription using our online pharmacy service, they are purchasing the prescription directly from our third-party pharmacy provider. Vetster acts as a facilitator such transactions, and does not offer medical advice or pharmaceutical services. Clients are charged an appointment fee, as set by the veterinary professional, for the services provided to the client by the veterinary professional and a pharmacy dispensing fee, as set and collected by our third-party pharmacy provider. Clients are also charged a Service Fee from Vetster upon booking an appointment which covers technical and customer support, payment processing, platform utilization and maintenance, and other costs incurred by Vetster for facilitation of the appointment between the client and the veterinary professional. This fee is unrelated to and separate from the appointment fee for the provision of medical advice provided by the veterinary professional or the pharmacy dispensing fee for the provision of pharmaceutical services by our third-party provider.
All payments are made through our third-party payment processor, Stripe, and all payment information will processed in accordance with Stripe’s terms and conditions and privacy policies. Users should familiarize themselves with those policies.
For Vet subscription fees, please refer to Section 29 - Vet Subscription Fees
Clients are responsible for paying all fees and applicable taxes associated with Vetster’ Services in a timely manner with a valid payment method. If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file, retaining collection agencies and legal counsel.
The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a consultation booked on the Site. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
Client consultation fees are non-refundable, unless one of the following circumstances applies, as confirmed by Vetster in our sole discretion:
In any of the above circumstances, Clients must use the “Contact Us” form on the Site to submit a request for a refund. If Vetster determines that the refund request falls within any of the above categories, we will process the refund within three (3) business days. Vetster’s decision with respect to refunds is final and binding.
We do not provide insurance protection for any veterinary telemedicine services obtained in connection with the Services. Clients are solely responsible for obtaining pet insurance coverage sufficient to protect their Pet. Vets agree that they have or will obtain the appropriate professional liability insurance coverage and will maintain adequate insurance coverage while they list their services through the Site. Further, Vets agree to provide us with copies of relevant proof of coverage upon request.
If any user-contributed content created by Vets or users is translated for display on the Site or any site of any affiliate of Vetster, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation.
Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions . Maps provided on the Site that are provided by Mapbox are subject to the Mapbox terms and conditions .
When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply and you will be responsible for all such charges. The Site may not work with your network provider or device.
You acknowledge and agree that Vetster and our affiliates, and each of our directors, officers, employees, counsel, agents, mandataries, representatives, sponsors, licensors, successors and assigns (collectively, the “Vetster Group”) will have no liability whatsoever, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, in connection with or arising from your use of the Site or our Services. Your only right, recourse or remedy with respect to any problems or dissatisfaction with the Site or Services is to immediately cease use of our Site and Services.
UNDER NO CIRCUMSTANCE SHALL VETSTER INC. BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE VETSTER PLATFORM AND/OR PET HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED VETERINARIANS AND/OR AUTHORIZED NON-VETERINARIAN PROVIDERS. VETSTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE VETSTER PLATFORM AND/OR PET HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE VETSTER PLATFORM AND/OR PET HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED VETERINARIAN OR ANY AUTHORIZED NON-VETERINARIAN PROVIDER. VETSTER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VETSTER’S REASONABLE CONTROL. YOU AGREE THAT VETSTER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE VETSTER SITE OR THE PET HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED VETERINARIANS AND AUTHORIZED NON-VETERINARIAN PROVIDERS.
In all events, our liability, and the liability of any Vet of the Vetster Group, to you or any third party in any circumstance arising out of or in connection with the Site or our Services is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability, or (b) CAD$100.00 in the aggregate for all claims.
The Vetster Group shall not be liable to you, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:
Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for any personal injury or death, incidental, consequential or similar damages, including Quebec. Accordingly, some of the above limitations may not apply to you.
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Vetster Group and any third party provider of a service or tool offered on any Site (each a “ Third Party Provider ”) from and against any loss, liability, claim, action, demand, damage or expense, including without limitation reasonable legal fees, alleging or resulting from your use of the Site or Services, your user-contributed content or your breach of the Terms. In particular, you agree to indemnify and hold harmless the Vetster Group and the Third Party Providers for any injury, including but not limited to bodily harm or death, to you, your Pet or any third party that may result from the use of or reliance on the Site or Services.
Healthcare Services and/or Informational Services obtained through your use of the Vetster Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Veterinarians and/or Authorized Non-Veterinarian Providers, other Users, any person on whose behalf you request Pet Healthcare Services and/or Informational Services, and/or referred friends.
We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding. You shall not in any event settle any matter without our written consent.
We provide our Site and Services using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms or additional terms provided at the time you sign up for our Services, Vetster does not provide any warranties about the Site or Services.
As with any other website or app you use, when you access our Site, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access our Site in respect of any such potential risks.
The Site, other services and all content made available on, through or in connection with the Services, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the Services will be available for use. All implied representation, warranties and conditions relating to the Services and all content on the Site are hereby disclaimed to the greatest extent permitted by law. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the accuracy, timeliness, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, content associated with your use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, such as Quebec, so the above exclusion may not apply to you.
You acknowledge and agree that you will not hold or seek to hold the Vetster Group or any Third Party Provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that the Vetster Group are not a party to any transaction between users of the Site. The Vetster Group have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the Site) the safety of any transaction or the truth or accuracy of any listing or other content provided on the Site.
The content on the Site may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Vetster reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Vetster will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. Vetster reserves the right to refuse to provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information, or for any other lawful reason.
Vetster is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Site, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy (“ Claims ”) by contacting us as set out below under the “Contact Us” heading.
If there is a dispute between users of the Site, or between users and any third parties, you understand and agree that Vetster is under no obligation to become involved, however, when Vetster chooses to get involved, our ruling on the dispute is final and binding.
To the greatest extent permitted by applicable law, any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.
To the greatest extent permitted by applicable law, any dispute, controversy or Claims arising under or relating to these Terms and this provision agreeing to arbitrate, including any question regarding each of their existence, interpretation, enforcement, validity, applicability, breach or termination, or the relationship created by these Terms, shall be submitted to final and binding arbitration, without a right of appeal. The arbitration shall be conducted in Toronto, Ontario in English. The arbitration shall be conducted by a single arbitrator who shall be agreed upon by all parties to the arbitration or, failing such agreement, the arbitrator shall be appointed by the International Centre for Dispute Resolution, acting only as appointing authority, with the fees of the appointing authority to be initially paid by Vetster but may be reimbursed to Vetster by the arbitrator in the award. The parties to the arbitration will equally share the costs of the arbitrator and each party shall bear its own costs involved in preparing and presenting its case during the course of the arbitration, subject to the arbitrator in the award allocating all or part of such costs to the prevailing party. If you demonstrate that you cannot afford payment of the arbitrator’s fees, the arbitrator may require the fees to be initially paid by Vetster but may be reimbursed to Vetster by the arbitrator in the award. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties.
If, for any reason, a dispute, controversy or Claim proceeds in court rather than by way of arbitration, we each waive any right to a jury trial.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop all or part of the Services altogether.
You may terminate your Account at any time and for any reason by providing written notice to Vetster. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within thirty (30) days of receipt of such a request by Vetster.
We may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Vetster will have no further obligation to provide the Services. Upon termination of your right to use our Services or our termination of the Services to you, all licenses and other rights granted t
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