PetsApp: Terms of Service

United Kingdom (Last updated: August 2021)

1. Acceptance of Terms; Modifications. These Terms of Service (the "Terms") are a binding legal agreement between you and PetsApp Ltd, with company number 11502857 and registered office at Office 406 Exmouth House, London, England, EC1R 0JH ("PetsApp," "we," "us" and "our"). They govern your use of our website (PetsApp.com) (the "Site") together with our mobile applications, resources and services for pet owners and veterinarians to find each other, communicate, and facilitate pet healthcare services (the "PetsApp Service").

BY ACCESSING OR USING THE SITE OR PETSAPP SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SITE OR PETSAPP SERVICE.

You understand and agree that we may change the Terms and that any such changes will be effective immediately when we post the modified Terms on the Site and/or PetsApp Service.  Your continued access and use of the Site and/or PetsApp Service after we post the modified Terms will constitute your agreement to be bound by the modified Terms.

2. PetsApp Service

   a. The PetsApp Service consists of a mobile application, the Site, and support and services that pet owners ("Pet Owners") and providers of pet healthcare services ("Service Providers") can use to find and interact with each other. The PetsApp Service includes our support services, educational materials for Service Providers, and other services, all facilitated via our in-built chat feature and including providing video veterinary appointment services, and facilitating other interactions between Pet Owners and Service Providers (for example allowing Pet Owners to pay for Service Provider products) (collectively such appointment and interactions between Pet Owners and Service Providers being the "Pet Care Services"). If you are a Service Provider we charge fees for use of the PetsApp Service, as described below in Section 8. If you are a Pet Owner your Service Provider charges fees for the Pet Care Services that they perform via the PetsApp Service, as described below in Section 8 as well.

   b. PetsApp is a neutral venue for Service Providers and Pet Owners and it does not provide pet healthcare services, except for phone support and other resources and support specifically described in the PetsApp Service. Service Providers listed on PetsApp are not under PetsApp's direction or control and determine in their own discretion what Pet Care Services to offer, how to provide such services, and when to make themselves available to do so. No representations or warranties are made regarding the Pet Care Services provided by Service Providers, or about your interactions and dealings with users. PetsApp does not employ Service Providers or Pet Owners, and we will not be liable for the performance or conduct of Service Providers or Pet Owners. Pet Owners and Service Providers are responsible for making decisions that are in the best interests of themselves and pets. You should use your independent judgment before engaging a Service Provider (if a Pet Owner), providing Pet Care Services (if a Service Provider), or otherwise interacting with Pet Owners or Service Providers (as applicable) via the PetsApp Service.

   c. The PetsApp Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the PetsApp Service are between Pet Owners and Service Providers. You agree that PetsApp has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the PetsApp Service.

   d. Pet Owners and Service Providers transact with each other on the PetsApp Service by either a Pet Owner or Service Provider initiating a chat conversation within the PetsApp Service (a "Chat"). During the Chat, a Pet Owner or Service Provider has the opportunity to discuss which particular Pet Care Service is applicable for that Pet Owner. For example, a Pet Owner may wish to pay for pet food for their pet which they can collect from the Service Provider in person, or pay for a consultation that has already taken place. A Pet Owner may also wish to agree to a video consultation with that Service Provider. Once the applicable Pet Care Service is agreed upon, the PetsApp Service will allow that Pet Care Service to be transacted accordingly, utilising its payment provider where any payment for such Pet Care Service is due from a Pet Owner in accordance with Section 8 below.

   e. As a Pet Owner, you agree to pay for the Pet Care Services where applicable, such payment as shall be displayed to you in the PetsApp Service in accordance with your Service Provider's pricing from time to time for that applicable Pet Care Service.

   f. At the end of participating in the Chat, or if a Pet Owner chooses to do so via our Site, a Pet Owner shall be given the opportunity to provide a review of the Pet Care Service(s) received by that Service Provider. Such review shall be shared by PetsApp with the Service Provider from time to time, and immediately if a rating of 3 or less is given by that Pet Owner. Such review shall also be displayed to other users of the Site and PetsApp Service and by providing such review you are agreeing to any information that you include in such review being made public. PetsApp does not endorse reviews of Service Providers by other Pet Owners that may be available via the Site and/or PetsApp Service, and PetsApp makes no commitments that such reviews are accurate or legitimate. If a Service Provider wishes to raise an issue over any particular review it should contact PetsApp at support\@petsapp.com.

3. Compliance with Applicable Law.   By accessing and using the PetsApp Service, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and regulations applicable to your use of the PetsApp Service.

For Service Providers, this means that you, as a current, UK-practising member of the Royal College of Veterinary Surgeons, are legally eligible to provide veterinarian services within the UK, 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.

4. Use of the PetsApp Service; Suspension

   a. When you use the PetsApp Service, you agree:

   -   To use the PetsApp Service only in a lawful manner and only
       for its intended purposes, in particular not to modify it or
       any portion of it, create any derivative version of it, or
       resell it or any portion of it or use any data mining, data
       robots or similar tools.
   
   -   Not to submit viruses or other malicious code to or through
       the PetsApp Service.
   
   -   Not to use the PetsApp Service, or engage with other users
       of the PetsApp Service, for purposes that violate the law.
   
   -   Not to post reviews about Service Providers that aren't
       based on your personal experience, that are intentionally
       inaccurate, or that violate these Terms.
   
   -   Not to post content or materials that are pornographic,
       threatening, harassing, abusive, or defamatory, or that
       contain nudity or graphic violence, incite violence, violate
       intellectual property rights, or violate the law or the
       legal rights (for example, privacy rights) of others.
   
   -   Not to post "spam" or other unauthorised commercial
       communications.
   
   -   Not to transfer or authorise the use of your account for the
       PetsApp Service by any other person.
   
   -   Not to solicit another user's username and password for the
       PetsApp Service.
   
   -   Not to provide false information in your profile on, or
       registration for, the PetsApp Service.
   
   -   Not to impersonate any other person.
   
   -   Not to interfere with our provision of, or any other user's
       use of, the PetsApp Service.
   

   b. You understand and agree that PetsApp has no obligation to provide the PetsApp Service to you, nor any obligation to continue providing it once we have begun. If we consider your conduct on any of our channels inappropriate, unsafe or violating these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the PetsApp Service in our sole discretion.

5. Registration; Account Security. To use the PetsApp Service you will be required to create a username, password, and user profile. You agree not to impersonate anyone else and not to maintain more than one account (or, if PetsApp terminates your account, not to create further accounts).  You are responsible for maintaining the confidentiality of your username and password for the PetsApp Service, and you agree not to authorise anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorised use of your account.

6. Privacy. Collection and use of your personal information on the PetsApp Service is described in our Privacy Policy.

7. Your Content.

   a. We may require or allow you (or someone else on your behalf) to upload text, images, videos, reviews, information and materials to the PetsApp Service (collectively, "Your Content").  For example, Service Providers are invited to create a profile page with a photograph and other information, while Pet Owners may submit reviews of Service Providers.

   b. We reserve the right to monitor, screen, edit and/or remove Your Content on the PetsApp Service as we deem suitable. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance.

   c. You acknowledge that reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that PetsApp has no obligation to preserve or indefinitely store any reviews. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We also reserve the right to screen, edit or remove these reviews from the Site and/or PetsApp Service at any time.

8. Fees & Payment.

   a. All fees, deductible amounts and other payments charged through the PetsApp Service are listed and payable in British Pounds (GBP).

   b. Payment processing services for Service Providers on PetsApp are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a Service Provider on PetsApp, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PetsApp enabling payment processing services through Stripe, you agree to provide PetsApp accurate and complete information about you and your business, and you authorise PetsApp to share it and transaction information related to your use of the payment processing services provided by Stripe.

   c. For certain Pet Care Services transacted via PetsApp, Pet Owners shall be required to pay for such Pet Care Services, as notified to them in the Chat by their Service Provider. If you are a Pet Owner, you enter into a transaction with the Service Provider when requesting any Pet Care Service via the PetsApp Service and you agree to pay the total fees for such Pet Care Service as notified to you by your Service Provider from time to time. The Service Provider, not PetsApp, is responsible for performing the Pet Care Services and any fees for such Pet Care Services are paid to the Service Provider, albeit facilitated by PetsApp.

   d. Service Providers agree to provide Pet Care Services to a Pet Owner by agreeing to participate in, or initiating, any Chat. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. PetsApp's only role is to facilitate the transaction.

   e. If you are a Service Provider, we charge service fees for your use of the PetsApp Service. If you are a Service Provider, the entity that you work for will have entered into an agreement with PetsApp which will describe and set out the payments due to PetsApp in relation to the licensing of the PetsApp Service to you (the "Clinic Agreement").

   f. Cancellations and Refunds. As we are merely a facilitator of any payment for any Pet Care Service(s) carried out through the PetsApp Service, any refund requests shall be directed to the Service Provider and not PetsApp. If your Service Provider agrees to any refund then such refund shall be at the discretion of such Service Provider and obtained by the Service Provider and we have no involvement in such refund process.

   g. Our third party payment provider may impose holds on amounts otherwise payable to Service Providers if there is a suspicion of fraudulent activity or for other compelling reason relating to security or third-party rights. We are not responsible for any loss or damage caused to you as a result of such decisions taken by our third party payment provider.

   h. If you are a Pet Owner, you will be required to provide us with valid, up-to-date credit card or other payment information. When you submit or accept to participate in a Chat and purchase any Pet Care Service(s) for which payment is due, you authorise PetsApp to charge for fees you incur on the Pet Care Service(s) as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees, then you understand that PetsApp or the Service Provider might refuse to provide either the PetsApp Service or the Pet Care Services associated with those fees (as applicable). All fees are non-refundable once paid, except as expressly provided in these Terms.

   i. PetsApp's income and gross receipts are taxed (including VAT on fees paid to PetsApp). You acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the PetsApp Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received by you through the PetsApp Service,

9. Intellectual Property

   a. PetsApp owns, or is otherwise the authorised licensee, of all intellectual property and proprietary rights in the PetsApp Service and related technology, software, documentation and content (including, for example, any recorded appointments). PetsApp grants to you a limited, non-exclusive, non-transferable, non-sublicensable, royalty free, worldwide licence to access and use the PetsApp Service in accordance with these Terms. Except for the foregoing, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You also acknowledge our perpetual right to use and incorporate any suggestion for enhancement that you may provide on the PetsApp Service, without any obligation of compensation.

   b. PetsApp owns all rights in and to its trademarks, service marks, brand names and logos (the "PetsApp Marks").  If you are a Service Provider, PetsApp grants you, for so long as you are in good standing on the PetsApp Service, a limited, revocable, non-exclusive, non-transferable license to use the PetsApp Marks.

10. Warranty Disclaimer for the PetsApp Service.  The information and materials found on the PetsApp Service, including text, graphics, information, links or other items, are provided \"as is\" and \"as available.\" Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the PetsApp Service, but not directly by PetsApp, are those of their respective authors, who are solely responsible for such content, including the applicable services provided by Service Providers to Pet Owners. To the maximum extent permitted by applicable law, PetsApp does not: (1) warrant the accuracy of information and/or materials on the PetsApp Service; (2) accept liability for any opinion, or statement made by any party other than PetsApp; and/or (3) warrant that your use of the PetsApp Service will be secure, free from computer viruses, uninterrupted, always available, or error-free

To the extent permitted by applicable law, PetsApp expressly disclaims all warranties and conditions, whether express, implied or statutory, with respect to the PetsApp Service, including any implied warranties relating to satisfactory quality or fitness for purpose. In particular, PetsApp makes no warranty of any kind, regarding the suitability of any Service Provider and/or their provision of any Pet Care Service(s).

11. Limitation of Liability Liability in relation to our provision of the PetsApp Service to any Service Provider shall be dealt with under the terms of the Clinic Agreement Subject to the final paragraph of this section, if you are a Pet Owner PetsApp shall only be liable to you in relation to compensating you for loss or damage that is a foreseeable result of PetsApp breaching these Terms and, in such instance, only up to a maximum of £50. Except where prohibited by applicable law, in no event shall PetsApp be liable to you for any non-foreseeable loss or damage, or any consequential losses, or for any business losses, or loss of revenue, contracts, data, or other similar losses in relation to your access and use of the PetsApp Service. PetsApp is, at all times, acting as an intermediary service provider and merely facilitates the interaction between a Service Provider and Pet Owner via the PetsApp Service.

If you have a dispute with a Service Provider or Pet Owner whilst using the PetsApp Service, you agree that PetsApp shall not be responsible for resolving such dispute and that you shall first seek to resolve such dispute with the applicable Service Provider or Pet Owner.

In no event will PetsApp be liable for any direct or indirect consequences of a Pet Owner or Service Provider failing to comply with laws, regulations, local by-laws and codes of practice applicable to you.

If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election). We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these Terms.

12. Governing Law and Jurisdiction.   These Terms shall be governed by the laws of England and Wales, except that, if you are a consumer and not a business user, and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.  You further agree that any dispute between you and PetsApp or a Service Provider or Pet Owner regarding these Terms will be dealt with only by the English courts, except that, if you are a consumer and not a business user, and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we or another party bring legal proceedings, such proceedings may only be brought in your country.

13. Miscellaneous.  Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorised in writing by the party to be bound. The invalidity, illegality or un-enforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. These Terms (and, in the case of the Service Provider, the Clinic Agreement) represent the entire agreement between PetsApp and the applicable Service Provider and/or Pet Owner (as applicable).

If you have any questions about anything in these Terms, please contact us via email at hello@petsapp.com

© 2021 PetsApp Ltd.

Registered in England & Wales VAT Number 327646876

Company Registration Number 11502857