VetCheck Legals

VetCheck Legals

Terms of Use

Disclaimer

Privacy Policy

API Terms of Use



Terms of Use, Disclaimer & Privacy Policy

Acceptance by you of these terms

Our Service in a Snapshot. VetCheck operates an online communication platform and media licensing service that empowers our users, members, veterinarians, specialists, pet owners and others to communicate and collaborate. We provide ready-made media and content that is licensable for use in accordance with our licenses.

1.1

Your use of VetCheck Technologies Pty Ltd ("VetCheck" or "us") websites, web pages, products, communications, media and services, including all content development and sharing, discussions, chats, postings, bulletin boards and the like facilitated by us through such sites or otherwise ("VetCheck Technologies Pty Ltd Services") is subject to these Terms of Use, Disclaimer, Privacy Policy.

1.2

You must not use a VetCheck Technologies Pty Ltd Service if you do not agree to these terms. You accept these terms by clicking 'I agree' or 'I accept' or similar where that option is presented to you. Otherwise, we will treat your use of a VetCheck Technologies Pty Ltd Service as acceptance of these terms.

1.2

If you are a minor, you must obtain the consent of your parent or guardian to these terms before you use a VetCheck Technologies Pty Ltd Service.

1.4

You are solely responsible for ensuring the legality and appropriateness of using this site in your own legal jurisdiction. In some countries and states, receipt of a VetCheck Technologies Pty Ltd Service may not be lawful. If you are subject to the laws of such a country, you must not use a VetCheck Technologies Pty Ltd Service.

Application of these terms

1.5

Additional specific terms of use may apply to particular VetCheck Technologies Pty Ltd Services from time to time and we will indicate this on the web pages relevant to the particular VetCheck Technologies Pty Ltd Service. To the extent of any inconsistency between those specific terms and these terms, those specific terms will prevail.

1.6

Also, where a VetCheck Technologies Pty Ltd Service is provided by a third party platform or service, that third party's terms will apply to your use of the VetCheck Technologies Pty Ltd Service. To the extent of any inconsistency between those third party terms and these terms, those third party terms will prevail.

Your use

1.7

1.7.1 License

VetCheck Technologies Pty Ltd grants you a limited non-exclusive, non-transferable and freely revocable license to access and use the Service, only in connection with professional development of the global veterinary and pet healthcare community and related uses. You may not access or use this site for purposes of resale. This license terminates automatically if you breach these Terms. You must only use a VetCheck Technologies Pty Ltd Service in accordance with these terms and as permitted by applicable laws. VetCheck may terminate this license at any time for any reason or no reason.

Additional terms may apply for any content that you download from, upload to or print from the Service.

1.7.2 Membership

Portions of this site are viewable without registration or membership, but the majority of our services and our site is available only to registered members. By registering, you authorise us to use and disclose any information you provide to us, including any of your personal information, for purposes of allowing us to provide out services to you and as otherwise disclosed in out Privacy Policy. As part of the registration processs, you will provide an email address and create a password for your account.

1.7.3 Accounts

Your VetCheck account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a VetCheck account on behalf of a company, organisation , or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to VetCheck with a third-party service, you give us permission to access and use your information from that service as permitted by that service.

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encouarge you to use "strong" passwords with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify VetCheck immediately of any breach of security or unauthorised use of your account. VetCheck will not be liable for any losesses caused by any unauthorised use of your account.

Provide honest and true information

1.8

If you provide us with any information about yourself as part of a registration process or otherwise as part of your use of a VetCheck Technologies Pty Ltd Service, you must ensure that it is correct, accurate and up-to-date.

Payment

1.9

To the extent you use a Premium plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay VetCheck Technologies Pty Ltd in accordance with the terms set forth on the site and this Terms of Use, and you authorise VetCheck Technologies Pty Ltd or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms. VetCheck Technologies Pty Ltd may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.

1.9.1 No Refunds

You may cancel your VetCheck account at any time; however, there are no refunds for cancellation. In the event that VetCheck suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits. any unused time on a subscription or membership, any license or subscription or membership fees for any portion of the Service, any content or data associated with your account, or for anything else.

1.9.2 Payment information and Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

Term & Termination

1.10

Premium membership plans require a minimum term of 1 year. Premium membership plans will automatically renew for additional years. You have the right to deactivate your account at any time by notifying VetCheck Technologies Pty Ltd in writing via the site. Upon deactivation within the annual term period, you will not be eligible for any refund and you will be required to pay for the remaining term. We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate this Terms of Use at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, VetCheck Technologies Pty Ltd may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of this VetCheck Technologies Pty Ltd , we will have no obligation to maintain or provide your data. If your team’s account is deleted, we will delete or destroy all copies of your data in our possession or control, in a reasonably expedient way, unless legally prohibited.







Disclaimer

Information provided by a VetCheck Technologies Pty Ltd Service is only of a general nature

2.1

Information on or collected on a VetCheck Technologies Pty Ltd Service is provided for informational, entertainment and educational purposes only. That information is not a substitute for professional health or other advice and is in no way intended to be used or relied upon to diagnose or treat the health condition of any animal, or as a prognosis of any health condition, or as pet owner consent or authorisation. Always seek the advice of or consult a health or other appropriate professional before relying on any information provided on a VetCheck Technologies Pty Ltd Service.

Not Medical or Professional Advice

2.2

A VetCheck Technologies Pty Ltd Service may, from time to time, contain information relating to various health and medical conditions and their treatment. That information is not medical or professional advice and should not be relied on by any particular individual or for any specific purpose. By using a VetCheck Technologies Pty Ltd Service, you agree that the service is not a substitute for a veterinary consultation and that the VetCheck Technologies Pty Ltd cannot provide advice or consultation regarding a specific case. Any medical or health questions should be referred to a health care professional. If in doubt, please seek medical or professional advice.

Not Pet owner consent or Authorisation

2.3

A VetCheck Technologies Pty Ltd Service may, from time to time, contain forms relating to various veterinary service requests. The information collected is not a substitute for pet owner consent or authorisation and should not be relied on by any particular individual or for any specific purpose. Information collected on a VetCheck Technologies Pty Ltd Service is provided for informational, entertainment and educational purposes only. By using a VetCheck Technologies Pty Ltd Service, you agree that the service is not a substitute for pet owner consent or authorisation and that the VetCheck Technologies Pty Ltd cannot provide advice or consultation regarding a specific case. Any pet owner consent or authorisation questions should be referred to a legal professional.

2.4

A VetCheck Technologies Pty Ltd Service is not intended to:

2.4.1 treat a medical condition or emergency

2.4.2 advise or resolve legal, medical or financial issues

2.4.3 establish a veterinarian-client-patient relationship.

2.4.4 establish pet owner consent or authorisation to a service

Links: No Endorsement

2.5

Certain links on a VetCheck Technologies Pty Ltd Service may lead to third party content and we provide such links merely for our users' convenience. We are not responsible for the content of any such referenced web sites or for the availability of access to such web sites. Provision of any link to another web site on a VetCheck Technologies Pty Ltd Service, or any reference to any product or service by trade name, trade mark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by us. Access to other sites via those links is at your own risk, and we disclaim all liability with regard to your access to such linked sites. We recommend that you review the terms of use and privacy policies of those sites prior to using such sites or providing any of your personal information through such sites.

Accuracy and timeliness of Information

2.6

VetCheck Technologies Pty Ltd Services may provide you with content authored by us and, in addition, with content that is authored by third parties. VetCheck Technologies Pty Ltd uses reasonable efforts to ensure that information that it provides is accurate and up to date. However, you acknowledge that information provided by third parties may not be easy to differentiate from content provided by us. That third party information may be incorrect and out of date and you must take particular care with it. To the extent permitted by law, we do not make any warranties or representations as to the accuracy of any of information on a VetCheck Technologies Pty Ltd Service. TO THE EXTENT PERMITTED BY LAW, NEITHER VetCheck Technologies Pty Ltd NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, OR MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON A VETCHECK TECHNOLOGIES PTY LTD SERVICE. VetCheck Technologies Pty Ltd DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES.

YOUR USE OF THE VetCheck Technologies Pty Ltd SERVICES

Usage rules

3.1

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the VetCheck servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any VetCheck Content (as defined below), including any VetCheck trademarks, in any manner that might tarnish, disparage, or reflect adversely on such VetCheck Content; (xiv) using the Service or any VetCheck Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any VetCheck trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with VetCheck trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of VetCheck; (xviii) using any VetCheck Content to link to the VetCheck website without the prior written consent of VetCheck; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of VetCheck.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the VetCheck Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from VetCheck prior to establishing another account. If you attempt to establish another account without obtaining such authorization, VetCheck may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of VetCheck in each instance.

You are solely responsible for your interactions with other VetCheck Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. VetCheck shall have no liability for your interactions with other Users, or for any User’s action or inaction.

If the VetCheck Technologies Pty Ltd Service that you are using allows uploads, postings, has a bulletin board or chat facility or is a social media portal or otherwise allows you to submit or display content, you must adhere to the following rules, so that you and our other visitors can enjoy the service or social media portal:

3.1.1 Be Yourself. Do not attempt to impersonate any other party or disguise the source of the information you submit.

3.1.2 Use Caution and Common Sense. Safeguard Privacy. Always use caution and common sense when using the Internet. Avoid providing or soliciting personal information that could be used to identify, track, contact or impersonate you or another person.

3.1.3 Respect the Privacy and Choices of Others. Before you upload anything or tag someone, make sure you have the permission of every person included as well as the parent or guardian of anyone under 18 who is included.

3.1.4 Be Kind and Respectful of Others. Do not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, trick, defraud or mislead other users. Do not make any offensive or inappropriate comments that are connected to race, religion, social class, ethnicity, national origin, gender, gender identity, sexual orientation, disability or otherwise.

3.1.5 Inappropriate Content May Be Taken Down. Do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law or another person's rights or that is otherwise objectionable. Such inappropriate content (as determined by us) is unwelcome and may be removed without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content or materials.

3.1.6 Only Post What is Yours. Only post comments, photographs, videos and other content if the owner of the relevant rights in and to the content, including the right to grant us a licence for all uses of the content, consents to it.

3.1.7 Don't Play Doctor or Vet. Refrain from sharing your or someone else's medical information. Please do not attempt to provide medical advice on the social media portal. Medical questions should be addressed to your doctor, vet or other licensed health care provider.

3.1.9 Understand You are Granting VetCheck Technologies Pty Ltd Rights to Use the Content You Post. By posting content, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, sub-licensable worldwide license to use that content for any purpose, including marketing and promotion of our goods and services from time to time. This includes a right to remove, modify, edit, crop, highlight and/or republish your content. You consent to all acts and omissions by us or any of our related entity or licensees which would otherwise infringe your moral rights and you agree not to assert any such moral or other rights and, if you are not the author of the contents, you warrant that you have obtained the author's consent to all such acts and omissions.

3.1.10 We Are Not Responsible for User Content and Links. We do not necessarily endorse and are not responsible for the photos, videos, links (or content linked to), comments, references (including reference to particular people), opinions, claims, advice or other content shared on the social media portal by any visitor or expert panel.

We reserve all of our rights against any user of any of a VetCheck Technologies Pty Ltd Service who violates any of these terms.

User content

3.2

Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include media that exists within the system.

3.2.1 Uploading and Publishing User Content to VetCheck.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. VetCheck reserves the right, but is not obligated, to reject and/or remove any User Content that VetCheck believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the Copyright Office or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

a. Your User Content and VetCheck’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
b. VetCheck may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
c. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
d. If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to VetCheck, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to VetCheck for the purposes set forth herein.
e. Your User Content is neither obscene, defamatory, or otherwise objectionable.
f. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
g. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with VetCheck.
h. If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
i. You will not engage in pay per click advertising using keywords which compete with VetCheck’s own campaigns in order to promote your relationship with VetCheck nor will you use or engage a third party on your behalf to use VetCheck in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, VetCheck shall send you written notice of such claim, using the email address provided by you to VetCheck, specifying the details of the claim as then known to VetCheck. Pending the determination of such claim, VetCheck may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by VetCheck.

VetCheck takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that VetCheck shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that VetCheck may disclose such User Content to law enforcement or other government authorities.

Don't use a VetCheck Technologies Pty Ltd Service for a commercial purpose

3.3

You may only use materials on a VetCheck Technologies Pty Ltd Service for personal and non-commercial use and as otherwise permitted by law. You may not distribute, modify, transmit, reuse, sell, trade, reframe, repost or use those materials for any public or commercial purposes, without our express written permission or as otherwise permitted by law. All copyright and other proprietary notices contained in or on those materials must be preserved and retained.

Don't share VetCheck Technologies Pty Ltd to third parties

3.4

Nothing in this Terms of Use grants User any rights to share VetCheck Technologies Pty Ltd Service including User Content to third parties. Users may not give access to, sell or otherwise transfer VetCheck Technologies Pty Ltd Service to a third party or third party service who is not a partner of VetCheck Technologies Pty Ltd Service. User agrees that it will not integrate the VetCheck Technologies Pty Ltd Service or engage a third party to integrate VetCheck Technologies Pty Ltd Service in any other platform, domain or service.

Competitions and promotions

3.5

If you enter a competition or a promotion, you assign to us all intellectual property rights subsisting in or relating to the entry (and must do all things necessary to evidence and perfect that assignment). You irrevocably consent to us using your likeness, image and voice in any media for perpetuity and without any payment to you in relation to the promotion of any product manufactured, distributed or supplied by us. In relation to such use and the entry, you irrevocably consent to all acts and omissions by us or any of our affiliates or licensees that would otherwise infringe your moral rights and you agree not to assert any such moral rights against us.

Accounts, passwords and user IDs

3.6

If you have an online account with us you must keep your username and password confidential to you. You are responsible for all usage or activity on a VetCheck Technologies Pty Ltd Service via your account, whether it is your own usage or activity or that of a third party. You must report any actual or suspected unauthorised use of your account to us. If we disable your account, you may be unable to use a VetCheck Technologies Pty Ltd Service or content contained in your account.

Review of Online Communications

3.7

Although we may, from time to time, monitor or review the uploads, discussions, chats, postings, transmissions, bulletin boards and the like provided on a VetCheck Technologies Pty Ltd Service, we are under no obligation to do so and assume no responsibility or liability arising from same nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information provided on a VetCheck Technologies Pty Ltd Service. We assume no responsibility for checking information posted in discussions, chats, transmissions, bulletin boards or the like on a VetCheck Technologies Pty Ltd Service for accuracy.

Editorial Policy

3.8

We reserve the right to alter or delete material on a VetCheck Technologies Pty Ltd Service at any time.

Limitations on Access

3.9

Except as otherwise expressly permitted by us, any access or attempt to access other areas of our computer system or other information contained on the system for any purpose is strictly prohibited. You must only access a VetCheck Technologies Pty Ltd Service through the interface provided by us or, in the case of a social media interface of a third party, through that party's proper social media portal (which access must be in accordance with that party's applicable terms of use). You agree that you will not use any robot, spider, other automatic or manual process or device to "screen scrape", monitor "mine", or copy web pages on or from any of a VetCheck Technologies Pty Ltd Service or the content contained therein without our express written permission. You will not spam any other user of a VetCheck Technologies Pty Ltd Service for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of any of a VetCheck Technologies Pty Ltd Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use framing techniques to enclose any VetCheck Technologies Pty Ltd trademark, logo, trade name or other proprietary information, including images, frames, content or layout/design found on any page of any of a VetCheck Technologies Pty Ltd Service without our express written consent. You must not reverse engineer or decompile any VetCheck Technologies Pty Ltd Service comprising software. You must not attempt to do any of the things prohibited by this paragraph.







Privacy Policy

What does this policy cover

Welcome to VetCheck, the online and mobile service of VetCheck Technologies Pty Ltd (“VetCheck,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use.

Information we collect and its use

We collect the following types of information about you:

Information you provide us directly

We may ask for certain information such as a username, your first and last name, business name and e-mail address when you register for a VetCheck account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also use this information to correspond with you, and to address any issues you raise about the Service.

Information we may receive from third parties

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through a membership, Facebook Connect, by “following,” “liking,” adding the VetCheck application, linking your account to the VetCheck Service, etc., that third party may pass certain information about your use of its service to VetCheck. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the VetCheck Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.

Information we collect from you automatically

We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service.

Cookies information

When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets VetCheck help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. You can control or reset your cookies through your web browser, which will allow you to customise your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log file information

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information

When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.

Device identifiers

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by VetCheck. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Location data

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

How we use your information

We use the information we collect about you for the following purposes:

Providing you with the Service:

We use the information that you provide us to provide the Service to you. This includes allowing you to log in to VetCheck, operating and maintaining the Service, giving you access to your communications and billing you for transactions that you make via the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site

For data analytics:

We use information about you to help us improve the VetCheck Service and our users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.

Customising the Service for you:

We use information you provide us and information about you to make sure that your use of the Service is customised to your needs. For example, if you tell us your profession to recommend communications that are likely to be relevant to you.

To communicate with you about the Service:

We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails about technical issues, security alerts or administrative matters.

To promote and drive engagement with the VetCheck Service:

We use your contact information to get in touch with you about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences. You can opt-out of getting these communications as described below.

Customer happiness:

We use information about you, information that you provide to our customer happiness team, and information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can repair and improve the Service for all VetCheck users.

For security measures:

We use information about you to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations or this Privacy Policy or our Terms of Service.

For matters that you have specifically consent to:

From time to time VetCheck may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.

For matters that we are required to use your information by law:

VetCheck will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of VetCheck, our Users or others.

These are the reasons that VetCheck may need to use information about you.

Legal bases for processing information under the GDPR (for users in the EEA)

For VetCheck users in the the European Economic Area (EEA) VetCheck processes your information in accordance with European laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how VetCheck may process your information, and the rights that EEA users have in relation to it. This means that VetCheck will collect and use your information only where:

We need it to provide you the Service and fulfil our obligations to you under our Terms of Service. This includes providing you with access to the information that you create in your communications.

It it justified because of a legitimate interest such as for research and development or marketing the Service (but only where our legitimate interest isn’t overridden by your interest in protecting your data).

You consent to us using your information in a certain way.

It is necessary for compliance with our legal obligations.

If you have consented to our use of your information you may withdraw that consent at any time.

Depending on the situation you can either withdraw your consent by emailing support@vetcheck.it. However, if you do so it may mean that it is not possible for you to continue using the Services.

Sharing your information

We will not rent or sell your information into third parties outside VetCheck and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this section:

We won’t share your personal information without your permission except as follows:

Who we may share your information with

We may share your information with third-party service providers for the purpose of providing the Service to you and to facilitate VetCheck’s interests, as outlined above . Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that VetCheck has engaged the service provider, and we will require that such third parties comply with this Privacy Policy and any applicable laws. Some of the third parties that VetCheck may share your personal information with include providers who assist VetCheck with functions such as:
  • Billing;
  • Customer support and customer management;
  • Email services;
  • Hosting and storage;
  • Analytics;
We might share some information on you with our business partners, but only as necessary to provide the service to you or to fulfil VetCheck’s legitimate business interests.

Who you may choose to share your User Content with

By default all content you post on VetCheck is private. If you do choose to make communications or other information public, that information may remain visible even after your remove it via cached and archived pages, or if other users have made copies. VetCheck may also share your information with third parties in certain circumstances, such as where:

we are required to do so as a result of a court order, subpoena or other legal requirement;

we believe that it is necessary to protect you or VetCheck, such as where we consider that there is a need to investigate potentially fraudulent or criminal activity; or you have consented to our sharing it with a third party for a particular purpose.

VetCheck may also share your information with a third party in circumstances where we sell divest or transfer VetCheck (including any shares in VetCheck), or any combination of its products, services, assets and/or businesses to a third party. Information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganisations, liquidations, similar transactions or proceedings involving all or a portion of the VetCheck. If we sell our business, any of the info which we’ve acquired about you may be part of the sale. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

Ads on VetCheck

We may share certain information such as your location, browser and cookie data and other data relating to your use of our Service with our business partners to deliver personalized advertisements (“ads”) that may be of interest to you. VetCheck may allow third-party ad servers or ad networks to serve personalized advertisements either on the Service or on third party websites, including Facebook and Google. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, these personalized ads and ad links, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to personalize the advertising content. VetCheck does not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes. Please note that an advertiser may ask VetCheck to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, VetCheck determines the target audience and VetCheck serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. The VetCheck Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

How we transfer, store and protect your data

Your information collected through the Service may be stored and processed in the United States or any other country in which VetCheck or its subsidiaries, affiliates or service providers maintain facilities. VetCheck may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which VetCheck or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. To run our service we’ll have to use computers all over the world. This means your information might be transferred to the US, Australia, Europe and anywhere else the service is operated.

Cross-border transfers of information (for users in the EEA)

For Users in the EEA, where we transfer your information to a third party provider that is not located in the EEA, and is not subject to an adequacy decision by the EU Commission, we will require those third party providers to enter into an agreement that provides appropriate safeguards for your information. From time to time we may also seek your consent to transfer your information to a third country outside the EEA.

Keeping your information safe

VetCheck cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from VetCheck, at all times. However, VetCheck cannot ensure or warrant the security of any information you transmit to VetCheck or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the VetCheck Service, such as social networks. VetCheck is not responsible for the functionality or security measures of any third party.

Privacy for your customers

This section applies to the information we process about your customers as a data controller pursuant to our legitimate business interests. Our Services are intended for use by our Users. As a result, we collect and process your customer information through the Services, we act as a processor on behalf of our Users. VetCheck is not responsible for the privacy or security practices of our Users, which may differ from those set forth in this privacy policy.

Compromise of information

In the event that any information under our control is compromised as a result of a breach of security, VetCheck will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your choices about your information

You may update your account information by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at support@vetcheck.it .

Opting out of collection of your information

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents VetCheck or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by VetCheck, including via third parties’ websites. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support@vetcheck.it .

Rights in respect of your Information

The laws of some countries grant particular rights in respect of personal information. Users in those jurisdictions may have the right to:
  • Request a copy of your information;
  • Request that we correct inaccuracies relating to your information;
  • Request that your information be deleted or that we restrict access to it;
  • Request a structured electronic version of your information; and
  • Object to our use of your information;
Should you wish to make a request in respect of your personal information please contact us at support@vetcheck.it . In some circumstances VetCheck may not be able to comply with a request that you make in respect of your personal data. For example, we may not be able to provide a copy of your information where it infringes on the rights of another User. We may also be required to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so. In some cases, you may have shared your information with third parties, such as by publishing a design on a third party’s website. In that case VetCheck will not be able to delete the information, and you will need to contact that third party directly.

How long we keep your User Content

Following termination or deactivation of your User account, VetCheck may retain your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, VetCheck may retain your information for the purpose of comply with its legal and audit obligations, and for backup and archival purposes.

Children’s privacy

VetCheck does not knowingly collect or solicit personal information from children under the age of 13 and the Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@vetcheck.it .

Links to other websites and services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

How to contact us

If you have any questions about this Privacy Policy or the Service, please contact us at support@vetcheck.it .







API Terms of Service

VetCheck Technologies Pty Ltd (“us”, “we”, or “our”) create pet healthcare products (the “Devices”), operates www.vetcheck.it (individually the “Website,” and collectively with its sub-domains, the “Websites”), the VETCHECK web applications (each, an “App,” and collectively, the “Apps”), and the VETCHECK API (the “API”). The Devices, Websites, Apps, and API are collectively referred to as the VETCHECK “Service” or VETCHECK “Platform.” The objective of the API is to foster innovation in pet health, extending and augmenting the VETCHECK service user experience, and supporting complementary services in a collaborative pet health ecosystem. Applications and developers accessing and using the VETCHECK API are required to comply with these policies as well as VETCHECK’s Terms of Use and Privacy Policy.


Definitions

  • “API” means VETCHECK application programming interfaces and documentation
  • “Access  Key” means VETCHECK security and authentication keys provided by VETCHECK to Developer
  • “Developer Application” means any software application developed by you that interacts with the VETCHECK Platform or API
  • “Customer Data” means any data collected from Users of your Developer Application including, without limitation, the names, email addresses, as well as their pets’ names,  pictures, gender, date of birth, breed, weight, location, medical conditions, and goals
  • “VETCHECK Data” means any data made available to you through the VETCHECK API
  • “User” means a registered user of your Developer Application such as a veterinary practice
  • “VETCHECK User Data” means that subset of the VETCHECK Data that is associated with a User
  • “Read/Write” means permission to view VETCHECK Data, Customer Data and edit VETCHECK Data.

Scope of the VETCHECK API

  • You may use the VETCHECK API to create Developer Applications that interact with and extend and/or enhance the VETCHECK Platform or for data backup purposes
  • You may use the VETCHECK API to retrieve and display VETCHECK Data
  • You may use the VETCHECK API to view Customer Data and display information via a secure permalink
  • You may store the VETCHECK API permalinks
  • You may use the VETCHECK API to post select data from your application into the VETCHECK Platform, provided that you have express User consent

Developer obligations

  • You must develop the connection to the VETCHECK API at your own costs
  • You are responsible for maintaining the confidentiality of Access Keys provided by Licensor and must immediately notify Licensor of any unauthorised use or for the need to deactivate
  • You may not use the VETCHECK API in any way not permitted under this Agreement

Restrictions

  • You may not use the VETCHECK API to design anything other than Developer Applications. You may make no further use of the VETCHECK Data, without express User consent
  • You may not use the VETCHECK API to create Developer Applications that are intended to or do replace the VETCHECK Platform or direct VETCHECK users away from the VETCHECK Platform
  • You may not perform or encourage wholesale export of VETCHECK Data for the purpose of account migration or service duplication
  • You may not use the VETCHECK API for purposes of publishing known bad data into the VETCHECK Platform
  • You may not use the VETCHECK API to modify or reverse engineer any functionalities of the VETCHECK Platform or to access or attempt to access VETCHECK’s servers for purposes unrelated to the implementation of your Developer Application or to circumvent or attempt to circumvent the intended use of the VETCHECK API
  • You may not use the VETCHECK API to retrieve solicit or retrieve user passwords
  • You may not use web scraping, web harvesting, or web data extraction methods to extract data from the VETCHECK Platform or other VETCHECK web assets
  • You may not distribute, sell, lease, rent, lend, or sub-license any part of the VETCHECK Platform or related services or content to any third party except as included within and necessary to distribute your Developer Application
  • You may not use or access the VETCHECK API for the purpose of monitoring the performance or functionality of the VETCHECK Platform or for any other benchmarking or competitive purposes
  • We may monitor your usage of the VETCHECK API in order to improve our service and to ensure compliance with our policies. Use of the VETCHECK API is subject to reasonable restrictions on rate limit, as determined by us in our sole discretion. If we reasonably believe that you have exceeded such limits, your ability to utilize the VETCHECK API may be temporarily slowed, suspended, or permanently revoked, as we determine in our sole discretion

No unlawful activity

  • You won’t upload or transmit content that is unlawful, threatening, abusive, defamatory, vulgar, hateful, or racially ethically or otherwise objectionable
  • You won’t upload or transmit content that you do not have a right to transmit or that infringes any patent, trademark, trade secret, copyright, or any other proprietary rights
  • You won’t upload or transmit content that that maligns or misrepresents VETCHECK or that uses VETCHECK’s trademarks, copyrights, or other intellectual property outside the scope of the rights granted herein
  • You won’t impersonate or otherwise misrepresent your affiliation with any person or entity
  • You won’t violate any applicable law or regulation including, without limitation, laws regarding the export of technical data

Data attribution
Any rendering or display of VETCHECK Data in your Developer Application must provide attribution to VETCHECK

Licensing and IP ownership

  • Subject at all times to your full compliance with the Terms, as well as VETCHECK’s Terms of use and Privacy Policy, VETCHECK grants you a non-exclusive, revocable, non-sublicenseable, non-transferable license to use the VETCHECK API solely to develop, reproduce and distribute Developer Applications. You may charge for your Developer Application; however, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to any of our APIs.
  • VETCHECK has no obligation to provide any type of support for the VETCHECK API or any services or content related thereto
  • The VETCHECK API is licensed (and not sold) to you. The Agreement in no way convey any ownership rights to you, and VETCHECK reserves all rights not expressly granted to you under the Terms
  • You are responsible for providing customer with technical support and maintenance for your Developer Application
  • You agree to not market, sell, transfer or disclose any Customer Data to any third parties, except as expressly permitted by the customer or except as otherwise provided by law. Users must be permitted to express contact preferences, via notice and opt-out, at the point of collection and in each subsequent marketing piece
  • The license granted herein implies no partnership or affiliation with VETCHECK, and your Developer Application content must not express or imply an affiliation or relationship with VETCHECK, unless otherwise provided for in a separate written and duly executed agreement
  • You may not promote or publicize your integration with the VETCHECK API until authorized to do so by VETCHECK
  • You may not use the VETCHECK name or related trademarks in any of your Developer Application names or URLs
  • VETCHECK reserves the right to disable or upgrade the VETCHECK API and related services at any time without notice to you and without any form of compensation or consideration to you, regardless of the status of any Developer Application
  • You hereby grant to VETCHECK a worldwide, non-exclusive, royalty free, license to copy, display, perform, transmit, and use any Developer Application and related trademarks and logos that you create using the VETCHECK API, for the purposes of promoting VETCHECK and marketing your Developer Applications to customers. However, VETCHECK has no obligation to promote any Developer Application

Warranty
You represent and warrant that you have all rights, including all copyright, trademark and other intellectual property rights, in the Developer Application necessary to offer your Developer Application to end users and to grant the license to VETCHECK in this Agreement



Modification

  • We may change the Terms or any other terms of the VETCHECK Platform at any time, without prior notice, as we deem necessary in our sole discretion
  • Your continued use of the VETCHECK API constitutes acceptance of those changes
  • If the changes are unacceptable to you, your only recourse is to immediately discontinue your use of the VETCHECK API

Termination

  • The agreement is terminated in accordance with these terms.
  • Termination & Expiry
  • VETCHECK may change, suspend, or discontinue all or any aspect of the VETCHECK API, including its availability, at any time, and may suspend or terminate your use of the VETCHECK API at any time. VETCHECK may terminate your access to the VETCHECK API and your right to use it at any time, for any reason, or for no reason at all
  • Upon any termination of this agreement, you will promptly cease using the VETCHECK API and the VETCHECK Data. You may also terminate use of the VETCHECK API at any time
  • Following termination for any reason by either party, you are required to delete all data you receive or have received through the VETCHECK API

Confidentiality

  • You may be given access to certain non-public, proprietary information, software, and specifications related to the VETCHECK API or the VETCHECK Platform
  • You may use this confidential information only as necessary in exercising the rights granted to you by the Terms

You may not disclose any confidential information to any third party without our prior written consent and you agree that you will protect this confidential information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care

Disclaimer of warranties

  • YOUR USE OF THE VETCHECK API IS AT YOUR SOLE RISK. THE VETCHECK API IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VETCHECK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE
  • VETCHECK MAKES NO WARRANTY THAT THE VETCHECK API WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
  • ANY MATERIAL OTHERWISE OBTAINED THROUGH THE API IS RETRIEVED AT YOUR OWN DISCRETION AND RISK AND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API




Liability

  • IN NO EVENT WILL VETCHECK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING FROM OR IN CONNECTION WITH THE TERMS OR YOUR USE OF THE VETCHECK API OR VETCHECK PLATFORM, WHETHER ARISING FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE
  • THE FOREGOING LIMITATIONS SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE
  • CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU




Indemnification

  • YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VETCHECK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, ADVERTISERS, LICENSORS, AND PARTNERS, FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE VETCHECK API, IMPLEMENTATION OF YOUR DEVELOPER APPLICATION OR VIOLATION OR BREACH BY YOU OF THE TERMS OR ANY OTHER POLICIES OR TERMS AND CONDITIONS RELATING TO THE VETCHECK PLATFORM, OR INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS, AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE
  • YOU AGREE TO USE COMMERCIALLY REASONABLE MEASURES TO MAINTAIN THE SECURITY OF CUSTOMER DATA COLLECTED IN CONNECTION WITH ANY OF YOUR PRODUCTS OR SERVICES OFFERED, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND WILL INDEMNIFY US FOR, ANY LOSS, HARM, OR LIABILITY RELATED TO YOUR FAILURE TO ADEQUATELY PROTECT CUSTOMER DATA




Entire agreement

  • The Terms constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior proposals, understandings and communications between the parties with respect to that subject matter
  • If this document and the Terms conflict in any way, the provisions in the Terms supersede this document




Assignment
If you are acquired by or merge with a third party, you may continue to use VETCHECK Data or data generated therefrom within your Developer Application only if you obtain express consent from users from whom the data was retrieved



Equitable remedies
You acknowledge that your violation or breach of the Terms may cause irreparable harm to VETCHECK. Accordingly, you agree that, in addition to any other remedies to which VETCHECK may be legally entitled, VETCHECK shall have the right to seek immediate injunctive relief in the event of such violation or breach by you or any of your officers, employees, consultants or other agents



Jurisdiction

  • The Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions
  • All claims arising out of or relating to the Terms will be brought exclusively in the federal or state courts of Victoria, Australia and you consent to personal jurisdiction in those courts




Severability and waiver

  • No waiver by VETCHECK of any covenant or right under the Terms will be effective unless given in a writing duly authorized by VETCHECK
  • If any part of the Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect

 



Last updated: September 30, 2019