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Your PetPA Terms and Conditions

Terms and Conditions

About the Site
  1. Welcome to the Your Pet PA digital platform (‘Site’) which includes the Your Pet PA mobile device software application (the ‘App’) and the website www.yourpetpa.com.au (the ‘Website’). The App and Website provide pet health and wellness advice (‘Pet Health Advice’), and access to veterinary services (the ‘Services’), including by teleconference facilities.
  2. The Site is operated by My Pet PA Pty Ltd (ABN 63 649 066 473). Access to and use of the Site, or any of its associated products or services, is provided by My Pet PA Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Site, or any of the Services, immediately.
  3. My Pet PA Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When My Pet PA Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  1. Acceptance of the Terms
    You accept the Terms by accessing, using or remaining on the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by My Pet PA Pty Ltd in the user interface.
  2. Pet Health Advice and Services
    1. Pet Health Advice refers to any non-prescriptive advice provided to consumers as guidance on care and maintenance of a pet through the Site.
    2. Services refers to pet health guidance provided by veterinarians, veterinary nurses or consultants through the Site and using teleconference facilities.
    3. Information presented on the Site and provided as part of the Services is of a general nature and is not intended to be medically prescriptive or a substitute for professional pet or veterinary healthcare advice.
    4. Information presented on the Site and provided as part of the Services 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, as a prognosis of any health condition or as pet owner consent or authorisation. Always consult an appropriate health professional before relying on any information provided on the Site or in a Service.
    5. Documents and graphics published on the Site may include inaccuracies or typographical errors.
    6. You accept that recommendations as to diagnosis, treatment and best standards of practice are constantly evolving in the veterinary industry and in relation to pet health, and that opinions between professionals may differ from one another.
    7. My Pet PA Pty Ltd intends to provide the Services by teleconference facilities and not at or from a physical veterinary clinic. You hereby acknowledge and accept the limitations and risks of providing information relating to a pet that has not had a physical examination.
    8. You agree that any advice provided by our qualified veterinarians and veterinary nurses is limited in the absence of a hands-on examination. You accept that My Pet PA Pty Ltd cannot be held liable for any damage or loss arising from your reliance on advice derived by use of the Site or Services in such circumstances.
    9. You acknowledge that any information, guidance or advice provided under the Services is of a general nature only and do not constitute activities or services that are defined as a ‘veterinary service’, ‘veterinary practice’, act of ‘veterinary science’, ‘veterinary treatment’ or any other activities or services regulated under any Veterinary Surgeons Board guidelines or veterinary legislation or regulations in Australia or anywhere else in the world, and is not intended to be provided in accordance with recognised pet health standards or practice.
    10. You agree that no bona fide Veterinarian-Client-Patient-Relationship (“VCPR”) exists or is established in connection with the Site or use of the Services. You agree that a VCPR is only established with a hands-on visit to your veterinarian.
    11. You should never disregard medical advice received from your primary veterinarian(s) because of information provided to you by our veterinarians through the Service.
    12. The Service is not an emergency service, it is to be used for general advice only and is not intended to replace a physical examination by a veterinarian. If you are in need of emergency assistance, you should take your pet to the nearest emergency veterinary practice. Such emergency conditions that need immediate hands on care and are not suitable for online advice include but are not limited to:
      • Pale to White or purple to blue gum colour
      • Collapsed
      • Straining to urinate or defecate
      • Unable to walk normally
      • Exposure to/eaten any toxins
      • Heat exhaustion
      • Recurring Seizures
      • Severe pain, bleeding or broken bones
      • Breathing difficulties
      • Trouble giving birth
      • Profuse Vomiting, or Diarrhoea
      • Severe Abdominal pain or bloating
      • Recent Trauma e.g. hit by car
      • Snake or Paralysis Tick bite
    13. You may not record, by video or audio, in whole or in part, any consultation with a veterinarian.
  1. Registration to use the Services
    1. In order to access the Services, you may be required to register for an account through the Site (the ‘Account’).
    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      (a) email address;
      (b) your name and pet details;
      (c) physical and postal address;
      (d) telephone numbers; and
      (e) option on acceptance of Terms and Conditions.
    3. You warrant that any information you give to My Pet PA Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
    4. Once you have completed the registration process, you will be a registered member of the Site (‘Member’) and agree to be bound by the Terms.
    5. You may not use the Services and may not accept the Terms if:
      (a) you are not of legal age to form a binding contract with My Pet PA Pty Ltd; or
      (b) you suffer from mental impairment which renders you unable to understand the Terms at the time of using the Site; or
      (c) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  1. Your obligations as a Member
    1. As a Member, you agree to comply with the following:
      (a) you will use the Services only for purposes that are permitted by:
      (i) the Terms; and
      (ii) any applicable law, regulation or generally accepted practices or    guidelines in the relevant jurisdictions;
      (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify My Pet PA Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      (d) access and use of the Site is limited, non-transferable and allows for the sole use of the Website by you for the purposes of My Pet PA Pty Ltd providing the Services;
      (e) you will not use the Services or the Site in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of My Pet PA Pty Ltd;
      (f) you will not use the Services or Site for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site;
      (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by My Pet PA Pty Ltd for any illegal or unauthorised use of the Site; and
      (h) you acknowledge and agree that any automated use of the Site or its Services is prohibited.
  • You may not use the Services to contact our veterinarians, veterinary nurses or consultants for any reason other than to seek information and guidance for your pet in accordance with these Terms.
  1. Payment
    1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of credit card payment.
    2. Payments made in the course of your use of the may be through a third party provider. In using the Site, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of any such third party provider which will be available on their website.
    3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
    4. You agree and acknowledge that My Pet PA Pty Ltd can vary the Services Fee at any time.
  1. Refund Policy
    1. My Pet PA Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to provide the Service due to a technical issue caused by My Pet PA Pty Ltd or if management of My Pet PA Pty Ltd makes a decision, at their absolute discretion, that it is reasonable to do so under the circumstances.
    2. If you believe you are entitled to a refund, email us at info@yourpetpa.com.auas soon as possible.
  1. Copyright and Intellectual Property
    1. The Site, the Services and all of the related products of My Pet PA Pty Ltd are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by My Pet PA Pty Ltd or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by My Pet PA Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      (a) use the Site pursuant to the Terms;
      (b) copy and store the Site and the material contained in the Site in your device’s cache memory; and
      (c) print pages from the Site for your own personal and non-commercial use. My Pet PA Pty Ltd does not grant you any other rights whatsoever in relation to the Site or the Services. All other rights are expressly reserved by My Pet PA Pty Ltd.
    3. My Pet PA Pty Ltd retains all rights, title and interest in and to the Site and all Services. Nothing you do on or in relation to the Site will transfer any:
      (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    4. You may not, without the prior written permission of My Pet PA Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Site which are freely available for re-use or are in the public domain.
  1. Privacy
    1. My Pet PA Pty Ltd takes your privacy seriously and any information provided through your use of the Site and/or Services are subject to My Pet PA Pty Ltd’s Privacy Policy, which is available on the Site.
    2. Our veterinarians may keep notes and copies of the information that you provide and any information, guidance or advice they give through the Services, and you agree that they may use that information for any internal professional purposes as may be required by law or relevant regulation (such as for supervisory purposes).
    3. Our veterinarians are bound by a contractual obligation with My Pet PA Pty Ltd to keep your personal information safe, secure and confidential.
    4. You agree that obtaining your pet’s medical records from the person(s) you indicate as your primary veterinarian(s) is at your request. In the event that you authorise copies or summaries of the medical records and images pertaining to your pets to be released to My Pet PA Pty Ltd by fax, mail or by e-mail, you hereby consent to My Pet PA Pty Ltd’s storage of your pet’s medical records in the Company’s system so that they can be reviewed by veterinarian(s) you speak with or distributed to emergency or specialist referral hospitals at your request in the event that your pet might need emergency care at a time when your primary veterinarian(s) might not be available to care for your pet.
  1. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      (a). all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      (b). My Pet PA Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Site and the Services is at your own risk. Everything on the Site and provided in the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of My Pet PA Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of My Pet PA Pty Ltd) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      (b) the accuracy, suitability or currency of any information on the Site, the Services, or any of its Services related products (including third party material and advertisements on the Site);
      (c) costs incurred as a result of you using the Site, the Services or any of the products of My Pet PA Pty Ltd; and
      (d) the Services or operation in respect to links which are provided for your convenience.
    4. In relation to availability of Services, My Pet PA Pty Ltd makes no guarantee or representation that Services are provided immediately upon request or within any determined time frame. Time frames for access to our Services are subject to availability and may be displayed on the Site from time to time.
    5. Access to the Site and Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
    6. The availability of the Service is dependent on the availability of a veterinarian at the time you submit your Request. If no veterinarian is available at that time, we will do what we can to get the next available veterinarian to contact you as soon as possible using the details you provide.
  1. Privacy
    1. Any information provided through your use of the Site and/or Services are subject to My Pet PA Pty Ltd’s Privacy Policy, which is available on the Site.
    2. Our veterinarians may keep notes and copies of the information that you provide and any information, guidance or advice they give through the Services, and you agree that they may use that information for any internal professional purposes as may be required by law or relevant regulation (such as for supervisory purposes).
    3. Our veterinarians are bound by a contractual obligation with My Pet PA Pty Ltd to keep your personal information safe, secure and confidential.
  1. Limitation of liability
    1. My Pet PA Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that My Pet PA Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. You agree that My Pet PA Pty Ltd will not be liable for any information and services provided via the Site or as a result of an enquiry submitted via the Site.
  1. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by My Pet PA Pty Ltd as set out below.
    2. If you want to terminate the Terms, you may do so by:
      (a) providing My Pet PA Pty Ltd with 5 days’ notice of your intention to terminate; and
      (b) closing your accounts for all of the services which you use, where My Pet PA Pty Ltd has made this option available to you. Your notice should be sent, in writing, to My Pet PA Pty Ltd via the ‘Contact Us’ link on our Site.
    3. My Pet PA Pty Ltd may at any time, terminate the Terms with you if:
      (a) you have breached any provision of the Terms or intend to breach any provision;
      (b) My Pet PA Pty Ltd is required to do so by law;
      (c) the provision of the Services to you by My Pet PA Pty Ltd is, in the opinion of My Pet PA Pty Ltd, no longer commercially viable.
    4. Subject to local applicable laws, My Pet PA Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts My Pet PA Pty Ltd’s name or reputation or violates the rights of those of another party.
  1. Indemnity
    1. You agree to indemnify My Pet PA Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      (b) any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
      (c) any breach of the Terms.
  1. Dispute Resolution
    1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
    2. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
      (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Mediation Australia or his or her nominee;
      (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      (d) The mediation will be held in New South Wales, Australia.
    4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  1. Venue and Jurisdiction
    The Services offered by My Pet PA Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
  1. Governing Law
    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  1. Independent Legal Advice
    1. It is recommended that you seek your own legal advice regarding these Terms.
    2. You acknowledge that you are aware of your rights to obtain independent legal advice, and regardless of whether you have exercised this right, you confirm and declare that you understand these Terms, agree that the provisions of the Terms are fair and reasonable, and that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  1. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
  1. Partner Schemes
    1. You may also have access to the Services through a Partner organisation of My Pet PA Pty Ltd, such as through your pet insurance policy with your insurer, or with retail organisations.
    2. Where you are receiving the Services through a Partner of My Pet PA Pty Ltd, your right to use the Service is also subject to the rules of the Partner.
  1. Membership Subscription
    1. To use the Services you must have internet access and an appropriate device.
    2. My Pet PA Pty Ltd may offer a number of subscription plans, including special promotional subscriptions or plans offered by third parties in conjunction with the provision of their own products and services. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
    3. Each Account is for use by a single user only. You must not share your username and password with any other person.
    4. By registering an Account with us, you agree that you are happy to receive communications from us by email in relation to your Account or use of the Services.
    5. We may communicate with you by telephone or by email (using the details you provide to us in your My Account) or a notice on our Site, and you agree that any such email, notice or message will be deemed communication “in writing” for legal purposes.
    6. You agree that we may pass on your Account Details and the information you provide in any request made by you, or the medical notes from your My Pet PA Pty Ltd veterinarian to your primary veterinarian.
  1. Contact
    If you have any questions or concerns about the Services or about these Terms, please send us a message via our contact form on the Site or by email to info@yourpetpa.com.au