Terms and
Conditions
This page (together with the documents referred to on it)
tells you the terms and conditions on which the services (the “Services”) listed on our website www.vetpal.ie (our “site”)
and the Vetpal mobile application (our “app”) are made available to you.
Please read these terms and conditions carefully before providing any services through
our site. By clicking on the button marked "I Accept" at the end of
these terms and conditions, you indicate your acceptance of them. Please
understand that if you refuse to accept these terms and conditions, you will
not be able to provide any Services through our site or our app.
1.1
www.vetpal.ie
is a site operated by VETPAL Limited trading as VETPAL (we).
We are registered in Ireland under company number 672202 and our registered
office is at Derrane, County Roscommon, Ireland.
1.2
Our
site and app facilitates the provision of
the Services by connecting owners of domestic and farm animals (the “Animal
Owners”) with animal care service providers such as veterinary practices
and Animal Remedy Stores (being licenced merchants or pharmacies), (together the
“Service Providers”) across Ireland.
Your status
2.1 By
availing of the Services on our site or by using our app, you warrant that:
(a)
You
are legally capable of entering into binding contracts;
(b)
If
providing the services on behalf of a veterinary clinic, you are a practising
member of the Veterinary Council of Ireland and are legally eligible to provide
veterinarian services within Ireland, you have complied and will comply with
all laws and regulations that are applicable to you, and you have obtained all
business licenses and permits needed;
(c)
If
providing the services on behalf of an Animal Remedy Store, you are registered
with the Department of Agriculture, Food and Marine or the Irish Pharmacy Union
as may be applicable, and are legally eligible to dispense veterinarian medicines
within Ireland, you have complied and will comply with all laws and regulations
that are applicable to you, and you have obtained all business licenses and
permits needed;
(d)
The information provided by you, the Service Provider, in relation
to your qualifications and accreditations and all such information and/or
documentation provided is accurate and complete in all material respects, and is
not misleading; and
(e)
You
are at least 18 years old.
3.
The
Services
3.1
Our
site and app operates as a service platform which connects Animal Owners with
Service Providers to facilitate (i) making of appointments and communicating
directly with veterinary practices via a messaging service on the app, (ii) requesting
prescriptions for collection at either the veterinary
practice or from Animal Remedy Stores, (iii) selecting one or more veterinary
practices to allow an appropriate Client-Practice-Patient-Relationship (“CPPR”)
to exist.
The Services include other services available on the site or app from time to
time and availed of by the Animal Owner. Descriptions and information about the
Services that are available from time to time can be viewed on the Site.
3.2
The
services we provide to the Services Providers are provided “as is” and are
limited to the following:
(a)
administering our site with creating profiles of the Service
Providers based on the information they provide,
(b)
providing
the Animal Owners with access to the list of Service Providers,
(c)
providing
temporary storage of data and communication with the Service Providers,
(d)
user
assistance, and
(e)
providing
the technical services such as operating, maintaining, developing, upgrading,
or modifying the site or app.
3.3
The
Animal Owners shall be able to view or search for a Service Provider’s profile
on our site and chose a veterinary clinic or an Animal Remedy Store based on an
existing relationship (CPPR), the veterinarian’s experience or location.
3.4
The
Service Providers shall provide information for their profile to us for it to
be put on the site.
4.1
The
Service Providers shall co-operate with Vetpal in all
matters relating to providing the Services to the Animal Owners.
4.2
The
Service Providers shall:
(a)
observe all data security requirements that apply on the site and
app and comply with Vetpal’s Privacy Policy; which is available at https://vetpal.ie/privacy-policy/
(b)
notify Vetpal as soon as it becomes aware of any data breaches or
issues which arise in relation to the Services;
(c)
maintain at all times all necessary licences referred to at
condition 2 above and comply with all relevant legislation in relation to
providing the Services.
4.3
The
Service Providers acknowledge and agree that Vetpal has granted the Service
Providers access to the site and app on the basis of the information provided
by the Service Providers in relation to their qualifications and accreditations
and all such information and/or documentation provided by the Service Providers
is accurate and complete in all material respects, and is not misleading. For
veterinary practices who sign up to provide the Services through our site or on
our app, the principal of the veterinary practice is responsible for verifying
the qualifications and experience of each individual veterinarian who they
permit to provide the Services.
5.
Limitations of the Services
5.1
We
are independent from the different Service Providers who provide the Services on
our site and each Service Provider acknowledges that there are certain
limitations to the Services.
5.2
We
cannot guarantee that the information on our site is always complete, correct,
and/or up to date. We undertake to use our best efforts to ensure our site is
always operational and available to the Service Providers. However, the Service
Providers understand that we cannot guarantee that their use of the site or app
will always be available and uninterrupted.
6.1
Excluding
animal prescription services, the price and method of payment of the Services
will be set by each Service Provider directly and governed by their own terms
and conditions.
6.2
For
animal prescription services availed of through the site, the conditions set
out in this section 6 shall apply.
6.3
The
fees set by the veterinary practices shall be collected by the Animal Remedy
Store at the time the prescription is dispensed. The Animal Remedy Store shall
be responsible for the collection of the fees and such fees shall include the Service
Fee due to Vetpal, being a nominal fee which is currently set at €0.50 per
prescription (such amount may vary at the discretion of Vetpal), the veterinary
practices’ fee (being the Prescription Fee) together with VAT or other taxes which
may be applicable.
6.4
The
Animal Remedy Store shall pay the Prescription Fee and the Service Fee through
Vetpal’s Stripe account by credit or debit card. Upon receipt of funds, Vetpal
shall retain the Service Fee and, within 14 days, transfer the Prescription Fee
to the Stripe account nominated by the veterinary clinic, when creating a profile
on the site or app. The Service Providers acknowledge that the transfer of
funds through Vetpal’s payment processor, Stripe is governed by Stripe’s terms
and conditions and are subject to Stripe’s fees. Stripe’s terms and conditions are
available to the Service Providers when creating an account with Stripe and details
of the fees which may be charged are contained on the Stripe’s website at https://stripe.com/pricing. The Service
Providers agree to abide by such terms and conditions
6.5
The
veterinary practices acknowledge and understand that it is the Animal Remedy
Store who is responsible for discharging the veterinarians’ fees and Vetpal has
no method of recovering fees from the Animal Owner. Any dispute in relation to
the payment of fees by the Animal Remedy Store shall be between the Service
Providers. Vetpal shall have no liability in respect of unpaid fees to a veterinary
practice. Subject to condition 8, Vetpal shall have no liability to any Service
Providers in respect of the payment of fees.
6.6
The
Service Providers shall pay and be solely responsible for all taxes they may be
obligated to pay arising from the fees received from the Animal Owners.
6.7
Vetpal
shall pay and be solely responsible for all taxes it may be obligated to pay
arising from the Service Fee received.
7.
Complaints
Procedure
7.1
In
the unfortunate event an Animal Owner makes a complaint against the Services
availed of from the Service Providers, we will immediately investigate the merits
of the complaint and discuss it with the Service Provider if necessary. Any
discussion of a refund is a matter between the Service Providers and the Animal
Owners. As the Service Fee is only due on the dispensing of a prescription, the
Service Fee shall not be refundable. Any investigation carried out by us, and
the scope of any investigation shall be at our discretion.
8.1
This
condition 8 sets out our entire financial liability to the Service Providers:
(a)
arising
under or in connection with these terms and conditions;
(b)
in
respect of any use made by the Animal Owner of the Services or any part of
them; and
(c)
in
respect of any representation, statement or tortious act arising under or in
connection with these terms and conditions.
8.2
Except
as expressly and specifically provided in these terms and conditions all
warranties, representations, conditions and all other terms of any kind
whatsoever implied by statute or common law are, to the fullest extent
permitted by applicable law, excluded from these terms and conditions.
8.3
Subject
to condition 8.2:
(a)
we
shall not be liable whether in tort, contract, misrepresentation, restitution
or otherwise for any loss of profits, loss of business, or corruption of data
or information, or for any special, indirect or consequential loss, costs,
damages, charges or expenses however arising under the Animal Owners or the
Service Providers use of the Services; and
8.4
We
shall not be held liable for any use of the services which is caused by a
breach of these terms and conditions by the Animal Owner or the Service
Providers.
8.5
Our
liability for losses you suffer as a result of us breaking this agreement is
strictly limited to the Service Fee within the 6 month period prior to a complaint
being made.
8.6
We
are not responsible for indirect losses which happen as a side effect of the
main loss or damage and which are not foreseeable by you and us, including but
not limited to:
(a)
loss
of income or revenue,
(b)
loss
of business,
(c)
loss
of profits or contracts,
(d)
loss
of anticipated savings,
(e)
loss
of data, or
(f)
loss
of data,
provided that this
clause 8.6 shall not prevent claims for loss of or damage to your tangible property
that fall within the terms of clause 8.1 or any other claims for direct financial
loss that are not excluded by any of categories (a) to (f) inclusive of this
clause 8.6.
8.7
As
the Services availed of on our site or through the app are from a third party service
providers, the liability of the Service Providers will be set out in their own
terms and conditions. We shall in no way have any liability for the acts or
omissions of the Service Providers.
9.1
You
agree to defend, indemnify and hold us harmless from and against all
third-party claims, damages and expenses against or incurred by us arising out
of your breach of these terms and conditions or violation of applicable law, or
access by anyone accessing the site using your account credentials.
10.
Proprietary Rights
10.1
You
acknowledge and agree that all intellectual property rights in our services
belong to us. Except as expressly stated herein, these terms and conditions do
not grant you any rights to, or in, patents, copyright, database rights, trade
secrets, trade names, trademarks (whether registered or unregistered), or any
other rights or licences in respect of the services.
10.2
You
are not permitted to copy, duplicate, or reproduce any of the information,
content, design, or algorithms available through our services.
10.3
We
confirm that we have all the rights in relation to our services that are
necessary to grant all the rights it purports to grant under, and in accordance
with, these terms and conditions.
11.
Term and Termination
11.1
We
can, in our sole discretion, terminate your access to and use of the Services
at any time without explanation.
11.2
We
can, in our sole discretion, terminate your access to and use of the site and
app, if you have not used our site or app for a period longer than 12 months.
11.3
We
have the right to reclaim usernames.
12.1
The
personal data that we collect in relation to our site and app is governed by
our Privacy Policy available at https://vetpal.ie/privacy-policy/. By
accepting these terms and conditions you also accept our Privacy Policy.
12.2
In
providing our services, we make the information provided by the Animal Owners
and the Services Providers accessible to the other party for the purpose of
providing the Services. This information is also accessible to our selected
employees or associates for the purposes related to the provision of the
Services.
12.3
By
ticking the box marked “I accept” when creating an account on our site, you are
consenting to the transfer of your personal data to the Animal Owners and to
the other Service Providers who use our site. The Animal Owners shall be
provided your personal data for the purpose of contacting you and availing of the
Services you offer on the site. Other Service Providers on our site shall be
provided your personal information for the purpose of fulfilling the Animal
Owners contract with them.
12.4
We
take seriously the privacy of your personal data and personal information.
Accordingly, we have taken all reasonable restrictions necessary to protect
your confidentiality in accordance with all applicable data protection
legislation in force from time to time; in particular the Data Protection
Acts 1988-2018 and the EU General Data Protection Regulation (2016/679) (“GDPR”)
(together the “Data Protection Legislation”). On occasion, we may
be required to share information relating to your orders from our site (such as
prescription data) to government authorities or agencies for such matters as to
comply with EU regulations which may be in force from time to time.
12.5
In
addition, you authorise us and our selected employees to access and utilise
your personal information as may be necessary to provide the Services. The use
of your personal data will not exceed this stated purpose, unless and until you
authorise and direct such additional disclosure(s).
12.6
The
Service Providers shall comply with their obligations under Data Protection
Legislation in relation to the personal data processed by them while providing
the Services.
13.
Written
communications
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our site, you
accept that communication with us will be mainly electronic. We will contact
you by e-mail or provide you with information by posting notices on our website
or on the App. For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any
legal requirement that such communications be in writing. This condition does
not affect your statutory rights.
All notices given by you to us must be given to VETPAL
Limited by post at its registered address from time to time. We may give notice
to you at either the e-mail or postal address you provide to us when creating
an account on our site or app, or in any of the ways specified in clause 12.
Notice will be deemed received and properly served immediately when posted on
our website, 24 hours after an e-mail is sent, or three days after
the date of posting of any letter. In proving the service of any notice, it
will be sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of an
e-mail, that such e-mail was sent to the specified e-mail address of the
addressee.
15.1
The
contract between you and us is binding on you and us and on our respective
successors and assigns.
15.2
You
may not transfer, assign, charge or otherwise dispose of a Contract, or any of
your rights or obligations arising under it, without our prior written
consent.
15.3
We
may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the
term of the Contract.
16.1
We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under these terms and conditions that is
caused by events outside our reasonable control (Force
Majeure Event).
16.2
A
Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) the following:
(a)
Strikes,
lock-outs or other industrial action.
(b)
Civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war.
(c)
Fire,
explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other
natural disaster.
(d)
Impossibility
of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport.
(e)
Impossibility
of the use of public or private telecommunications networks.
(f)
The
acts, decrees, legislation, regulations or restrictions of any government.
16.3
Our
performance under these terms and conditions is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find a
solution by which our obligations under the terms and conditions may be
performed despite the Force Majeure Event.
17.1
If
we fail, at any time during the term of a contract, to insist upon strict
performance of any of your obligations under these terms and conditions, or if
we fail to exercise any of the rights or remedies to which we are entitled
under the terms and conditions, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such
obligations.
17.2
A
waiver by us of any default shall not constitute a waiver of any subsequent
default.
17.3
No
waiver by us of any of these terms and conditions shall be effective unless it
is expressly stated to be a waiver and is communicated to you in writing in
accordance with clause 14.
If any of these terms and conditions are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
19.1
These
terms and conditions and any document expressly referred to in them represent
the entire agreement between us in relation to the subject matter of any contract
and supersede any prior agreement, understanding or arrangement between us,
whether oral or in writing.
19.2
We
each acknowledge that, in entering into a contract, neither of us has relied on
any representation, undertaking or promise given by the other or be implied
from anything said or written in negotiations between us prior to such contract
except as expressly stated in these terms and conditions.
19.3
Neither
of us shall have any remedy in respect of any untrue statement made by the
other, whether orally or in writing, prior to the date of any contract (unless
such untrue statement was made fraudulently) and the other party's only remedy
shall be for breach of contract as provided in these terms and conditions.
20.1
We
have the right to revise and amend these terms and conditions from time to time
to reflect changes in market conditions affecting our business, changes in
technology, changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
20.2
You
will be subject to the policies and terms and conditions in force at the time
that you use our site or app to liaise with the Service Providers, unless any
change to those policies or these terms and conditions is required to be made
by law or governmental authority (in which case it will apply to orders
previously placed by you).
These terms and conditions and any dispute or claim arising
out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by Irish law.