INTRODUCTION

MyGotoVet’s Services are limited to providing content on the Site and facilitating online appointments with and other access to veterinary professionals via the Site. When a Client books an appointment with a Vet using the Site, MyGotoVet acts as an agent on behalf of the Vet to conclude the Client’s order for the Vet’s services.

MyGotoVet’s Services does not include any veterinary services, telemedicine or pharmaceutical services; MyGotoVet is not responsible for any such or other services offered by Vet, Animal expert or other users of the Site and any other third parties. The Vet or Animal experts that Clients may access via the Site are not employees or agents of MyGotoVet and MyGotoVet does not have any control or oversight over the care or services provided by Vets or other third parties. Each Vet or Animal expert is solely responsible for any veterinary telemedicine services, prescriptions for any medication or other services provided to Pets and Clients, including for complying with any applicable laws, regulations, regulatory and other professional requirements, codes and guidance concerning such services. Any contractual or other relationship or duty as regards such services will be solely between the Vet or Animal expert and the Client. MyGotoVet is not a pharmacy and does not supply any prescriptions or medicines. Where a listing or any other information about the services provided by third parties is made available on the Site, they are provided for information only and must not be interpreted as approval by MyGotoVet of those providers or third parties or any services, advice or information you may obtain from them. MyGotoVet does not guarantee and will not be liable for any aspect of the services, advice or information provided or made available by providers or other third parties via the Site, including the quality, safety or legality of the veterinary telemedicine or other services advertised, the truth or accuracy of the advertisements or veterinary listings (including their content or any reviews), the ability of Vets to provide veterinary telemedicine services, prescribe medications or the ability of Clients to contract with the Vets for such services. You may be required to enter into one or more separate contracts or terms before obtaining veterinary telemedicine services from their provider.

ACCOUNT AND SECURITY

Before you can use certain features of the Site or certain Services, you must register an account (“Account”) with us and provide certain information (“Account Information”). We reserve the right not to accept you as a registered user of the Services for any reason.

Upon registration, you will select a user ID and password, or other secure login details (“Login Details”). You are solely responsible for keeping your Login Details secure and for all activity on your Account, including any charges incurred. You must not share any of your Login Details with any other person, or allow anyone else to access them. Each user is permitted to have one Account per individual only.

You must immediately notify MyGotoVet of any unauthorised use of your Login Details or your Account or any other breach of security and select a new user ID and password if you believe your Account has been compromised. If we suspect any unauthorised access to your Account you agree to, upon our request, promptly change your Login Details and take any other related action as we may reasonably request.

USER IDENTITY

You may be able to communicate directly with other users through the tools available on the Site, but this must not be interpreted as an assurance that the identity of such users has been verified. The verification of user identity on the Internet is difficult and MyGotoVet does not guarantee, and does not assume any responsibility for, the confirmation of each user’s purported identity. You should take reasonable measures to assure yourself of the other person’s identity.

FEES AND PAYMENT

Any consultation fees payable by the Client will be as set at the time of the Client’s booking via Site and provided to the Client before the booking is confirmed; if the Client does not agree with such fees, they must not confirm the booking. Any such fees are subject to change without prior notice.

Payment of the Vet’s Appointment Fee for the Vet’s services is made to MyGotoVet acting as agent on behalf of the Vet only. MyGotoVet is authorised by Vets to accept payment on their behalf and the payment of the Appointment Fee to us will fulfil the Client’s obligation to pay the fee to the Vet.

Client consultation fees are non-refundable, except that the Client may cancel the appointment and request a refund of associated fees if one of the following circumstances apply (as confirmed by MyGotoVet in our sole discretion):

• The client cancels the consultation appointment thirty (30) minutes before the scheduled appointment time
• A consultation appointment call ends in less than three minutes;
• The vet does not attend a scheduled consultation appointment call; or
• The vet is unable to assist the Client or Pet in any manner.

In any of the above circumstances, the Client must contact us using the “Contact Us” form on the Site as soon as possible to submit a request for cancellation and/or refund. If MyGotoVet determines that the refund request falls within any of the above categories, we will process the refund within three (3) business days. MyGotoVet’s decision concerning such a refund shall be final and binding.

INTELLECTUAL PROPERTY

MyGotoVet is the owner or the licensee of all intellectual property rights in the Site and the Services, and in the material published on it. Those works are protected, including by copyright laws and treaties around the world. All such rights are reserved. Nothing in these Terms confers upon you any ownership interest in any aspect of the Site or the Services or any intellectual property right associated with the Site. Nothing in these Terms confers upon you any interest of any kind in these marks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Provided that you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, freely revocable license to use the Site and the Services. MyGotoVet may terminate this license at our sole discretion, at any time for any reason or no reason. Any unauthorised use of the Services will violate these Terms and may violate applicable laws. MyGotoVet reserves all of our rights in respect of such violations, including our rights to pursue any available legal or equitable remedy or recourse and seek recovery from you for the expense of so doing.

NO UNLAWFUL OR OTHER PROHIBITED USE

You may only use the Services as permitted by the features of the Site and these Terms. You must also not encourage or instruct any other person or entity to do anything which would constitute an infrigment of these Terms.

You may not use any part of our Services or any part of the Site:

• in any way that breaches any applicable local, national or international law or regulation, regulatory and other professional requirement, code or guidance;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for any commercial or business purposes, other than by Vets in good standing, or by Vets under a valid licence to software offered on the Site;
• for the purpose of harming or attempting to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Requirements (see Sections 13 and 14 for further detail);
• to access, harvest, alter, use or share data, including without limitation personal information of other users, when you are not authorised to do so;
• use data collected from the Services to contact individuals, companies, or other persons or entities, including without limitation for any direct marketing activity, except as permitted in these Terms;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, spam, junk mail, chain letters, pyramid schemes, or any other form of similar solicitation;
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• to upload terrorist content.

You also agree:

• not to reproduce, duplicate, copy, post, display, republish, distribute or re-sell any part of the Site or content other than as explicitly permitted in these Terms;
• platform, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site without our express written permission;
• not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorised by us to access the Site, scrape content, extract data or otherwise interfere with or modify the rendering of the site pages or functionality;
• decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information from the Services;
• not to modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
• not to modify, move, add to, delete or otherwise tamper with the information from the Services;
• not to access without authority, interfere with, damage or disrupt: (i) any part of the Site; (ii) any equipment or network on which the Site is stored; (iii) any software used in the provision of Site; (iv) any other party’s use of the Services; (v) any equipment or network or software owned or used by any third party.

Your non-compliance with the above requirements may constitute an offence, including, without limitation, under the Computer Misuse Act 1990 and other breach of applicable legislation. We will investigate any such non-compliance and may report any such breach to the relevant law enforcement authorities or regulators and we will co-operate with those authorities by disclosing your identity to them. You acknowledge and agree that MyGotoVet can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.

You shall immediately notify us if you learn of any security breach or other illegal activity in connection with the Services by contacting us as set out under “Contact Us” Section.

Users can send messages to each other through the Site. Any such communications must comply with these Terms, including without limitation the Content Requirements Content Requirements (see Sections 13 and 14 for further detail). MyGotoVet may monitor messages sent through the Site and between users for fraud, abuse, spam, and other violations of our policies.

We do not tolerate spam or other unsolicited commercial electronic communications of any kind. Therefore, you agree you will not add a Site user, even a user who has utilized your veterinary services or vice versa, to your mailing list (email or physical mail) without the user’s express consent or as otherwise permitted by applicable law.

CONTENT ON SITE

The content on our Site is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on the Site.

While the Site may provide access to certain general veterinary information, the content on the Site does not constitute or substitute professional veterinary advice, diagnosis, or treatment. You should always speak to a veterinary professional for a diagnosis and treatment for your Pet. Never disregard, avoid, or delay in obtaining veterinary advice because of something you have read on the Site. None of the information on the Site represents or warrants that any particular medicine or treatment is safe, appropriate, or effective for your Pet. If you know or suspect that your pet has a medical problem or condition, please immediately contact a veterinary professional using the Services or otherwise.

The content on the Site may contain errors, omissions or inaccuracies and may be out of date. MyGotoVet reserves the right to change or correct any errors, omissions or inaccuracies in the content of the Site without prior notice to you, but does not guarantee that it will do so. MyGotoVet reserves the right to refuse to provide any Services that are based on inaccurate, out of date or erroneous information on the Site, or for any other lawful reason.

USER CONTRIBUTED CONTENT

The Site may include content posted or otherwise provided by or on behalf of Vets, Clients or other users of the Site, including, without limitation, any veterinary listings, reviews, or posts on any interactive forum, chat room or blog (collectively, “user-contributed content”). Any such user-contributed content is not verified or approved by us and we are not responsible for it. Any information or content posted or otherwise obtained on the Site are those of the person providing such information or content and do not necessarily represent our views or values.

Whenever you make use of a feature that allows you to upload or otherwise submit content to the Site, or to make contact with other users, you must comply with the content requirements as set out in these Terms (including, without limitation, Section 14), the listing set up requirements (which are incorporated by reference into these Terms), and any other guidelines we may post on the Site from time to time (collectively, “Content Requirements”). You warrant that any such contribution by you does comply with those Content Requirements, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us, our affiliates and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties.

We have the right to disclose your identity or other information to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is defamatory. We may also disclose such information to law enforcement agencies as we think is necessary or as required by law.

We have the right to prevent the posting on the Site or remove from the Site any user-generated content if, in our option, it does not comply with the Content Requirements or otherwise breaches these Terms (including where we are alerted by another user or a third party), each as determined in our discretion.

Like with other user-generated content, any veterinary listings or reviews or feedback relating to such listings on the Site are not verified or approved by us. The Vets are solely responsible for the accuracy of the information relating to their listing and keeping their listing up to date on the Site, including, but not limited to, any and all representations about their qualifications, practice and the services they provide, location of their office(s), prices for their services and/or products. We do not guarantee that any such information is accurate or up to date.

MyGotoVet reserves the right to (without any obligation to do so) make additions, changes or improvements to any user-contributed content and Vet listings without notice to you, including to:

create new descriptions or otherwise change the location or geographic descriptions we use to identify listings and search results. However, we assume no responsibility to verify listing content or the accuracy of the location. Vets are solely responsible for ensuring the accuracy of location, geographic and other content, and location or geographic descriptions, and agree to promptly correct (or contact us to correct) any inaccuracy and Clients are solely responsible for verifying the accuracy of such content and descriptions.

edit a Vet’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with formatting or information requirements or to provide services to users to create or improve listings (such as translation services), in accordance with information we have about the veterinary practice listed. Each Vet or user remains responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

We do not store any terrorist content.

If you wish to raise any issues or complain about content uploaded by other users, please contact us using contact details under “Contact Us” Section.

CONTENT REQUIREMENT

At a minimum, any user-contributed content must not:

• be defamatory of any person;
• include personal information of another person that can be used to identify or contact them;
• be false, misleading, inaccurate (where it states facts) or not genuinely held (where it states opinions);
• be obscene, offensive, hateful, discriminatory or inflammatory;
• bully, insult, harass, intimidate or humiliate;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• promote or include sexually explicit material or child sexual abuse material;
• infringe any copyright, database right or trade mark or any other intellectual property rights of any other person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• impersonate any person or misrepresent your identity or affiliation with any person;
• give the impression that the content emanates from MyGotoVet, if this is not the case;
• include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
• be directly related to the Site, business service, product or forum where the content is submitted;
• contravene any applicable law or promote any illegal content or activity or violence;
• advocate, promote, or incite any party to commit, or assist any unlawful or criminal act;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

FEEDBACK AND NOTICES

We welcome feedback regarding any areas of our business. You may provide suggestions, comments, materials or other feedback for products and services (collectively, “Feedback”) by contacting us. Please note we are not be obliged to take any action in response to your Feedback. Your Feedback, even if marked confidential, will not create any confidentiality obligations on us.

Communication and Notices. All notices and other communications to MyGotoVet under these Terms must be in writing and must be delivered either by email or mail using the contact information set out under “Contact Us” Section. We may communicate with you by telephone, email or mail to your address (in each case, using the contact details provided by you), or by posting notices on the Site or other in-Site messages. You agree that any such electronic communication will be deemed to be given “in writing” for legal purposes (to the fullest extent permitted by applicable law).

Without prejudice to our other rights and remedies, we will be free to use, copy, disclose, reproduce, distribute, implement and otherwise commercialise any portion of the Feedback you provide us for any purposes and without obligation or restriction of any kind and you waive all rights to be compensated or seek compensation for the Feedback and will ensure that any relevant moral rights are waived.

THIRD PARTY LINKS

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. In visiting any third party sites and/or obtaining any goods or services from them, you do so at your own risk. We encourage you to review the terms of use and any policies applicable to each platform you visit before using it.

MyGotoVet prohibits third parties from producing materials which contain links to the Site or framing of content contained within the Site without our prior written consent, which we may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorised links or framing. MyGotoVet has no responsibility or liability for any material that may contain links to the Site.

TERMINATION OR SUSPENSION OF ACCOUNT OR THE USE OF OUR SERVICES

You can terminate your Account at any time by providing written notice to MyGotoVet using contact details under “Contact Us” Section. Any cancellation request will be processed within thirty (30) days of receipt of such a request by MyGotoVet. Upon termination by you, your Account will no longer be accessible and you will not be able to use that part of the Services which require an Account.

We may suspend or terminate your Account and/or your right to use any part of our Services or refuse to provide any part of our Services at any time at our sole discretion and for any reason, including, without limitation, if:

you are in breach of these Terms;

1. we know or suspect your Account or our Services are used in an illegal or fraudulent manner or by any unauthorised person;
2. we reasonably believe that continuing to provide Services to you may cause us to break any applicable law, regulation, code or other duty or exposes us or our affiliates to action or censure from any government, regulator or law-enforcement agency or may damage our reputation;
3. you behave in a threatening or abusive manner;
4. we need to investigate compliance with any of these Terms;
5. for any other lawful reason.

We may ask a user for proof of identification, and if that identification is not submitted within the requested time, we reserve the right, in our sole discretion, to cancel any transaction associated with that user.

If your Account is suspended or terminated by us for any reason, you must not attempt to register another Account.

If your Account or any of our Services have been terminated for any reason: (i) MyGotoVet will have no further obligation to provide the Services, and (ii) all licenses and other rights granted to you by these Terms will terminate immediately.

Any obligations or liabilities that have arisen or been incurred before the suspension or termination of your Account or any other Services (including, but not exclusively, your obligation to pay any fees incurred) shall survive and remain enforceable despite such suspension or termination.

DISCLAIMER – PLEASE READ THIS SECTION CAREFULLY

We provide our Site and Services using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms or additional terms provided at the time you sign up for our Services, MyGotoVet does not provide any warranties about the Site or Services.

We do not guarantee that our Site, any content on it or the Services will always be available or uninterrupted. Access to or availability of the Site and/or any part of our Services may be suspended, withdrawn or restricted without notice for any reason, including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond our control.

We do not guarantee that our Site will be secure or free from bugs or viruses. As with any other website or app you use, when you access our Site, you assume all risk associated with any viruses, worms, Trojans and other destructive items. You are responsible for configuring your information technology, computer programmes and platform to access our Site and taking any necessary precautions before you access our Site. You should use your own virus protection software.

If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our failure to use commercially reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen as a consequence of our breach or if contemplated by both you and us at the time we entered into this contract.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. loss, damage or corruption of data;
6. any indirect or consequential loss or damage;
7. any transaction with or service, advice or information provided by any veterinary professional or any other person purporting to be a veterinary professional, whether received or provided using our Services;
8. any transaction with product or service provided by any third party.

We will not be responsible for any failure to perform, or delay in performance, of any of our obligations under these Terms that is caused by you or any act or event beyond our reasonable control. In the event of any act or event beyond our reasonable control, we will notify you as soon as possible and we will not be liable for failures or delays caused by the event. If there is a risk of substantial delay and you no longer wish to use the Services, you may contact us to end the contract.

DISPUTES

MyGotoVet is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or complaints relating in any way to the Site, the Services or these Terms by contacting us as set out under “Contact Us” Section.

If there is a dispute between users of the Site, or between users and any third parties, you understand and agree that MyGotoVet is under no obligation to become involved, however, when MyGotoVet chooses to get involved, you agree that our ruling on the dispute is final and binding.

UPDATES

This version of the Terms became effective on the date they were last updated (as first set out above). We may amend these Terms at any time. We will do so by posting an updated version of the Terms on the Site, and the changes will come into effect immediately. Where you have registered for an Account, we will try to notify you of the change by in-site notification when you next log in to your Account or email. We are constantly changing and improving our Services. We may update and change our Site and Services and content on the Site at any time. We may do so (without limitation) to add or remove functionalities or features, improve performance or security, our users' needs and our business priorities. If the need arises, we may suspend or close the Site and Services. We may ask you to update the Site. If you choose not to install updates, or opt out of automatic updates, you may not be able to continue using the Site and the Services. In any case, every time you wish to use our Site or our Services, you should check these Terms to ensure you understand the terms that apply at that time, because they are binding on you. If you do not agree to any amendment to these Terms, you must discontinue using the Sites and the Services immediately. By continuing to use the Services after any amendment comes into effect, you signify your agreement to be bound by these Terms.

YOUR PERSONAL INFORMATION

We only use any of your personal information we collect or you submit through your use of the Site or Services as set out in our Privacy Policy.

MOBILE NETWORK

When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply and you will be responsible for all such charges. The Site may not work with your network provider or device.

GENERAL PROVSION

Entire Agreement. These Terms is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms. These Terms supersede and replace any prior agreements, whether oral or in writing, between MyGotoVet and you regarding the Services.

Interpretation. These Terms shall endure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. The division of these Terms into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.

Third party rights. These Terms are between you and MyGotoVet and are not enforceable by any other person. The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms.

VETERINARIAN AND ANIMAL EXPERT RESPONSIBILITY

30.1. Any Vet or Animal expert (including any users acting on their behalf) using MyGotoVet is responsible for understanding any requirements, limitations and restrictions associated with their license or practice of teletriage, telehealth, telemedicine and online care based on where they hold their license(s) and/or provide their veterinary services. MyGotoVet is not responsible for interpreting local legislation and/or providing guidance or direction as it relates to their usage of MyGotoVet. MyGotoVet shall not be liable for any non-compliance by a Vet or Animal expert with any such applicable requirements, limitations or restrictions when providing their services via the Site. However, we may investigate occurrences that may involve any such non-compliance and may involve, and co-operate with, any law enforcement authorities and competent regulators about any users who are involved in any such non-compliance.

VETERINARIAN OR ANIMAL EXPERT REQUIREMENT

In listing your services on the Site and for the duration of such listing, each Vet or Animal expert represents and warrants that:

1. you have all legal, regulatory and professional qualifications, permits, consents, approvals, certifications, licenses, accreditations and consents to practice veterinary medicine in your country and/or any other territory in which you practice;
2. you are not currently, and have not been within the past three years, subject to any outstanding investigations or complaints of professional negligence or misconduct;
3. you shall ensure that any veterinary telemedicine services provided by you via or in connection with your use of the Services adhere to and are within any applicable laws and regulations, any professional requirements, codes and guidance of any competent veterinary regulator or accrediting body and any other veterinary medical, professional and ethical duties and standards;
4. you shall use your professional judgment to determine whether veterinary telemedicine is appropriate to each specific circumstance, including without limitation, whether a physical examination is required in order to make an appropriate diagnosis and/or prescribe medicines;
5. you are solely responsible for adhering to all requirements, guidance and codes issued by your respective veterinary regulator, accrediting body or association as it may apply to veterinary practice and/or veterinary telemedicine, including without limitation regarding:
   1. whether you must be licensed in the jurisdiction the Pet is located;
   2. whether you meet any requirements for an existing veterinary/client relationship or to have the Pet under your care;
   3. whether you need to seek the client’s informed consent and any such consent is recorded.
6. you shall uphold and maintain the integrity and confidentiality of the veterinary/client relationship.
7. In order to post a listing on the Site, Vet or Animal expert shall comply with MyGotoVet requirements, including but not limited to the following:
   1. Vets must submit their veterinary licence information and, if applicable, veterinary clinic information (name, address and other contact information) to MyGotoVet in order to complete an Account and get verified;
   2. Vets must use commercially reasonable efforts to respond to all consultation booking requests from Clients within 24 hours of receipt of a request for booking;
   3. Vets must respond to and accept a material number of inquiries and booking requests received in the interest of the Client experience; and
   4. Vets are prohibited from cancelling a material number of accepted consultation bookings.
8. The Vet shall immediately notify MyGotoVet if:
   1. any of the Vet’s qualifications, permits, consents, approvals, certifications, licenses, accreditations and consents as necessary to practice veterinary medicine are revoked, suspended or otherwise become invalid;
   2. the Vet becomes subject to any claim, investigation or complaint of professional negligence or misconduct.
9. Veterinarians and Animal experts using MyGotoVet are responsible for understanding the limitations and restrictions associated with the practice of teletriage, telehealth, telemedicine and online care based on where they hold their license(s). MyGotoVet is not responsible for interpreting local legislation and/or providing guidance or direction to veterinarians and veterinary technicians as it relates to their usage of MyGotoVet. Veterinarians and veterinary technicians must be fully aware of what their licensure permits. MyGotoVet is not responsible for any error made by the veterinarian or animal expert upon executing the permissions set by their licensing body.
10. We will investigate occurrences that may involve any of the above violations and may involve, and co-operate with, law enforcement authorities about users who are involved in any such violations. You acknowledge and agree that MyGotoVet can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.

PHOTOGRAPHS

In submitting any photographic material to us, the Vet or Animal expert grants us the right to use and display any such materials in relation to its listing. The Vet further agrees that we may reproduce in whole or in part any photographic material supplied by such Vet in the promotion of either such Vet’s property or the Site.

The Vet shall not submit or include in their listing any photographic materials which include children or adults if you do not have their legal consent, or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

By submitting a photograph to us, the Vet represents and warrants that (a) you hold all intellectual property rights (including but not limited to all copyright rights) in such photograph or you are authorised by their owner thereof to grant to us the rights, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) Vet has obtained all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Vet will indemnify and hold harmless MyGotoVet and its affiliates from any cause of action or losses arising from or in connection with the Vet’s breach of this warranty or in the event of claims that the use of a photograph violates another party’s copyright.

USE OF OUR TRADEMARK AND LOGO

The Vet shall not use our trademarks or logos without our specific prior written authorization, except as explicitly permitted in these guidelines. It is usually permissible for you to refer to MyGotoVet in a descriptive manner in your listing on the Site or in other permissible communications. However, you may not refer to MyGotoVet in any way that might lead someone to believe that your practice, listing or site is sponsored by, affiliated with, or endorsed by MyGotoVet. You may not use the MyGotoVet name on any other veterinary telemedicine website without our prior written authorization.

The MyGotoVet does not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, etc., or if you have other questions, contact us at info@mygotovet.com.

CLIENTS TRANSACTION

All Client payments due upon booking an appointment with a Vet or Animal expert using the Site will be made to MyGotoVet. Each Vet or Animal expert hereby authorises MyGotoVet to act as its agent to conclude the Client’s order for the Vet or Animal expert’s services and receive the payment of the appointment fee when the Client books an appointment with via the Site. The Vet or Animal expert acknowledges and agrees that the Client’s payment to MyGotoVet will fulfil its obligation to pay the Vet.

No Vet or Animal expert may request or permit any Client to remit payment in any form or manner directly to them for any services performed via the Site. Any violation of this term may result in the immediate removal of the non-conforming listing from the Site without notice to the Vet or Animal expert and without refund.

INDEMITY

Each Vet or Animal expert agrees to indemnify, defend, and hold harmless MyGotoVet, its affiliates and any third party provider of a service or tool offered on any Site (each a “Third Party Provider”) from and against all loss, liability, claim, action, demand, damage or expense, including without limitation interest, fines and reasonable legal fees, arising from or in connection with:

1. Vet or Animal expert’s use of the Site or Services;
2. any content or information provided or otherwise submitted by or on behalf of the Vet or Animal expert;
3. any breach of these Terms;
4. any claim for actual or alleged infringement of a third party's intellectual property rights linked to the Vet or Animal expert’s use the Site or Services, including any content or information provided or supplied in such use;
5. any claim, complaint or regulatory investigation relating to any veterinary telemedicine or other services provided by the Vet or Animal expert via the Site.

We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding. You shall not in any event settle any matter without our written consent.

TERMINATION OF LISTING

Without prejudice to any of our other rights and remedies, if, in our sole discretion, any Vet or Animal expert submits unsuitable material to our Site or into our database, is not abiding by applicable laws or is creating a nuisance in its community, misuses the Site or our online system, or is in material breach of these Terms, we reserve the right to limit their use of the Site, impact their listing(s) search position, and/or terminate such Vet or Animal expert’s listing immediately without refund.

In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Vet or Animal expert’s listing or services that, in our sole discretion, warrants the immediate removal of such Vet or Animal expert’s listing from the Site, then we may immediately terminate their listing(s) or subscription(s) without notice and without refund. We assume no duty to investigate complaints.

Finally, if any Vet is abusive or offensive to any employee or representative of the MyGotoVet Group, we reserve the right to terminate such Vet’s listing(s) or subscription(s) immediately without refund.

In addition to reserving the right to terminate any listing, MyGotoVet reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a Vet or Animal expert as “out of office,” and removing or changing information that may be false or misleading.