Terms and conditions

  1. About the Website
    1. These terms and conditions outline the rules and regulations for the use of the vetpet Website at https://www.vetpet.com
    2. The website is owned and operated by Abadog PTY LTD (ACN 629 065 587) By accessing this Website or any associated products including generated plans or protocols, we assume you accept these terms and conditions in full. Do not continue to use the vetpet Website if you do not accept all of the terms and conditions stated on this page.
  2. Terminology
    1. The following terminology applies to these Terms and Conditions, the Privacy Statement and Disclaimer Notice and any or all Agreements: "The Terms" and "The Conditions" and "The Terms and "Conditions" refers to these terms and conditions. "The Website" refers to all pages located at the domain https://www.vetpet.com. "Client", "User", "You" and "Your" refers to you, the person accessing this Website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company named vetpet. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. "The Service" refers to the service being provided by Abadog and the vetpet Website to provide an online new client form for an owner ("The Owner") and their pet ("The Pet") to send their details to an animal business (veterinary clinic or other business). "The Owner" refers to the owner or guardian of the pet that the service is being used for. "The Content" refers to all information and advice given to the user through the use of the Website, including but not limited to all reports, plans and protocols. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company"s stated services/products, in accordance with and subject to, prevailing law of the State of Victoria within the Commonwealth of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation, lowercase, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
  3. General terms
    1. vetpet Website provides online forms for the storing and sending of pet and owner details to animal businesses.
    2. License
      1. Unless otherwise stated, vetpet and/or it's licensors own the intellectual property rights for all material on vetpet. All intellectual property rights are reserved. You may view and/or print pages from https://www.vetpet.com for your own personal use subject to restrictions set in these terms and conditions.
      2. Unless specific written consent is given to you by vetpet, you must not:
        1. Republish material from https://www.vetpet.com
        2. Sell, rent or sub-license material from https://www.vetpet.com. The single exception to this point is the selling or sharing of a website product to a user through the inbuilt website referral system where:
          1. copies of the report can be shared with one dog trainer and two veterinarians that are associated with the owner.
          2. coupons can be used only as is outlined in the coupon section below (5)
        3. Create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
        4. Adapt or change any part of a behavioural report
        5. Upload any report to a third party
        6. Reproduce, duplicate or copy material from https://www.vetpet.com
        7. Redistribute content from vetpet (unless content is specifically made for redistribution).
        8. Provide a report generated by the Website to an owner in part or full without:
          1. Providing them with a copy of these terms and conditions or
          2. Attributing the authorship of the report to vetpet
        9. Use vetpet's logo or other artwork absent a trademark license agreement.
      3. vetpet retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
        1. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright
        2. A right to use or exploit a business name, trading name, domain name, trade mark or industrial design
        3. 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)
    3. General disclaimer
      1. Nothing in the Terms and Conditions or Privacy Policy 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)
      2. Subject to this clause and to the extent permitted by law:
        1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
        2. vetpet will not be liable for any special, indirect or consequential injury, death, 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 content of these Terms (including as a result of not being able to use the website or errors with its function), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
        3. Use of the Website and the content including all support advice, reports, and any other information or instruction given by vetpet is at your own risk. Everything on the Website and the content 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 vetpet make any express or implied representation or warranty about the content or any products or content (including the products or content of vetpet) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:
          1. 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;
          2. the accuracy, suitability or currency of any information on the Website, the content or any of its content related products (including the report and any third party material or advertisements on the Website);
          3. costs incurred as a result of you using the Website, the content or any of the products of vetpet;
          4. the content or operation in respect to links which are provided for your convenience;
    4. Limitation of liability
      1. vetpet's total liability arising out of or in connection with the content of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
      2. You expressly understand and agree that vetpet, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages that 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.
      3. You acknowledge and agree that vetpet holds no liability for any direct, indirect, incidental, special consequential or exemplary injury, death or damages which may be incurred by you as a result of providing your content, business name, trademark or contact details to the Website.
      4. You acknowledge and agree that vetpet holds no responsibility or liability for any content from the Website that you use or provide to any third party (including but not limited to owners who are clients). You agree to indemnify and defend us against all claims arising out of or based upon their use of the Website.
    5. Data privacy policy
      1. Data is collected via user form submission for the purposes of passing the information on to the selected veterinary clinic / animal business
      2. Data is stored in an access-controlled SSL encrypted database using modern cyber-security within Amazon Web Service (AWS) infrastructure, user passwords are additionally stored in encrypted form and not visible to vetpetdetails.
      3. Data is not made available to the public, apart from the veterinary business/animal business details including business name, phone number and address
      4. No data is passed on to any third party other than the designated veterinary clinic/animal business
      5. A cookie is stored in the browser for the technical purposes of using the website, storing session information to provide security for the user and allowing the basic function of the website
      6. Data is also collected via a google analytics cookie, to track user clicks onto the website from search results, this data is not passed onto any third party
      7. Email addresses are used for transactional emails only, and will not be passed onto any third party other than the designated veterinary clinic / animal business as required for the functioning of the website. Vetpetdetails reserves the right to send one single additional marketing email upon upgrade of the website to inform users of a paid version of the free product.
    6. Termination of contract
      1. If you want to terminate the Terms, you may do so by providing vetpet with 2 days" notice of your intention to terminate by sending notice of your intention to terminate to vetpet via the "Contact Us" link on our homepage.
      2. vetpet may at any time, terminate the Terms with you if:
        1. You have breached any provision of the Terms or intend to breach any provision;
        2. vetpet is required to do so by law;
        3. You are considered to be acting against the interests of vetpet or a third party with unfair, offensive or malicious use of the website;
        4. vetpet is transitioning to no longer providing the Services to members in the country in which you are resident or from which you use the service; or
        5. The provision of the Services to you by vetpet, is in the opinion of vetpet no longer commercially viable.
      3. Subject to local applicable laws, vetpet 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 vetpets name or reputation or violates the rights of those of another party.
      4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and vetpet have benefitted from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provision of the clause shall continue to apply to such rights, obligations and liabilities indefinitely.
    7. Indemnity
      1. You agree to indemnify vetpet, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
        1. All actions, suits, claims, demands, liabilities, costs, expenses, loss, injury, death and damage, (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Website;
        2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
        3. any breach of the Terms.
    8. Dispute resolution
      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 sought).
      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.
      3. Resolution: on receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
        1. Within 14 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;
        2. If for any reason whatsoever, 14 days after the day 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 Company or his or her nominee.
        3. 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;
        4. The mediation will be held in Victoria, Australia.
      4. Confidential: All communication 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 the applicable laws of evidence.
      5. Termination of mediation: If 1 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.
    9. Venue and jurisdiction
      1. The services offered by vetpet 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 Victoria, Australia.
    10. Governing law
      1. The Terms are governed by the laws of Victoria, 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, pursuant to the laws of Victoria, 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.
    11. Independent legal advice
      1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
    12. Severance
      1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part which is void or unenforceable shall be severed and the rest of the Terms shall remain in force.