TERMS AND CONDITIONS FOR THE SUPPLY OF OUT OF HOURS VETERINARY SERVICES.
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
AVG means Arun Veterinary Group Limited, a limited company registered in England and Wales with the registration number 05649864 and whose registered office is at Mill Stream North Street Library Car Park, North Street, Storrington, Pulborough, England, RH20 4DH.
Charges the charges payable by you for the supply of the Services in accordance with these Conditions. Cooling Off Period means the first 14 days of the Subscription, during which time you will be permitted to terminate this Contract for any reason. If you terminate this Contract during the Cooling Off Period, you will not be eligible to receive a refund for the first month of the Subscription Fee.
Conditions these terms and conditions as amended from time to time in accordance with clause 16.4.
Contract the contract between you and us for the Subscription in accordance with these Conditions.
Customer means, you, the person who uses the Services provided by us. Initial Subscription Period means the first 6-month period of your Subscription with us, during which time you will not be eligible to terminate the Subscription unless one of the following events happen: (a) you terminate the Subscription during the Cooling Off Period; (b) your pet signed up for the purposes of the Subscription dies; (c) you change your usual place of residence to an area that is more than 20 miles away from the SDEV practice. our right to cancel the Subscription in accordance with these Conditions shall not be affected by the Initial Subscription Period. Intellectual Property Rights patents, rights to inventions, copyright and related rights, moral rights, trade-marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
SDEV means South Downs Emergency Vets Limited is a limited company registered in England and Wales with the registration number 10850665 and whose registered office is at Mill Stream North Street Library Car Park, North Street, Storrington, Pulborough, England, RH20 4DH, and is a wholly owned subsidiary of AVG. For the purposes of these Conditions, SDEV will provide the Services and means “we”, “us”, “our”, or “ours”.
Services the urgent or emergency veterinary services provided by us to you pursuant to your Subscription with us, which for the avoidance of doubt, are not, nor are they intended to be, an insurance policy, nor do they include veterinary services for routine or non-routine veterinary treatment that is non-urgent or not determined as an emergency, in the sole opinion of our staff based on their professional clinical opinion.
Subscriptions means your subscription for the use of our Services (which are called PetEmergency + but referred to as the Services in these Conditions), which will be automatically renewed on a monthly basis unless cancelled by you having first given us 28 days’ written notice, prior to the payment date for your monthly Subscription Fee. Your Subscription will only be eligible for use during our regular business hours detailed in paragraph 11.
Subscription Fees for the provision of the Services are as follows: (a) £7.95 inc. VAT per month for the first 12 months of your Subscription (if you are one of the first 1,000 customers to sign up for the Services) then £12.95 inc. VAT per month, thereafter; (b) all Subscription Fees are eligible for application towards Services for one animal only; (c) the Subscription Fees cover the cost of phone triage services, and Consultancy Fees if you book an appointment with us; (d) the Subscription Fees do not cover the cost of any medications, procedures, treatments, diagnostics, or re-examination appointments that are recommended by our staff during your pet’s consultation with us; (e) the Subscription Fees do not include telephone triage advice if you are not also a client of AVG, during AVG’s normal business hours; (f) we reserve the right to review the Subscription Fees on an annual basis, and will give you reasonable notice in writing of any changes.
1.2 Interpretation:
(a) unless expressly provided otherwise in Terms and Conditions, a reference to legislation or a legislative provision: (i) is a reference to it as amended, extended or re-enacted from time to time; and (ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email but not fax.
2. OUR CONTRACT WITH YOU
If you register with us in one of our practices (either online or in person), our acceptance of your registration will take place when the practice confirms to you that we have accepted your registration, at which point a contract will come into existence between you and us. We will provide you with a copy of these Conditions when you register and may also send you a copy or a link to them by email. The Contract consists of both your registration form and any other forms that you may have signed (such as consent forms) and these Conditions.
3. OUR SERVICES
3.1 All Services provided by us are supplied by suitably qualified staff, taking into account the nature of the services to be supplied in each instance. We will always carry out the Services with reasonable care and skill, and in accordance with the Royal College of Veterinary Surgeons (RCVS) Code of Professional Conduct.
3.2 If you wish to make an appointment to use our Services, you must contact our practice by telephone. Your call will by triaged by a registered veterinary nurse or member of the RCVS. We will then schedule an appointment with you once we have reasonably assessed your enquiries and your pet’s needs. We make no guarantees as the time of day that you may be able to secure an appointment with us during our normal business hours.
3.3 We may change our normal business hours from time to time – please see our website or check at your practice for its current opening hours.
3.4 We reserve the right to provide any other veterinary services at our discretion and at any time. We will carry out the veterinary services by the time or within the period which you and we agree. If you and we have agreed no time or period, this will be within a reasonable time.
4. FEES
4.1 In addition to the Subscription Fees, all other professional fees, consumables and medicine charges are subject to VAT at the prevailing rate. Fee levels are determined by the time and skilllevel required for a case, as well as medicines, materials, laboratory tests, consumables and diets used. Itemised fees are always available for every treatment. You are liable for any fees incurred in the diagnosis and treatment of your pet, even if your pet is brought to us on your behalf by an agent, for example a relative or friend. Additional fees may also apply.
4.2 No medicines or consumable items can be dispensed without payment being received at the time the items are collected.
5. METHODS OF PAYMENT
Accounts are due for settlement at the end of the consultation or treatment, the discharge of your pet, or upon collection of medicines and other pet requisites.
6. ESTIMATES OF TREATMENT COSTS
We will provide written estimates as to the probable costs of a course of treatment, prior to any course of treatment commencing. Please bear in mind that any estimate given can only be approximate as it is not always possible to predict how a pet’s illness will progress. We will try to contact you by phone (using the telephone number you have given us) if we believe the treatment costs are going to exceed the estimated costs. If, however, you are not contactable, we will treat your pet as is necessary for the prevention of pain and suffering.
7. SETTLEMENT TERMS
7.1 A reminder will be sent if an account is not settled within seven days. This will include an additional administration fee in respect of the administrative costs incurred. Additional charges will be incurred if further reminders are required. These however, may be deducted at our sole discretion if payment is made promptly. After due notice to you, overdue accounts will be referred to our debt collection agency and further charges will be levied in respect of costs incurred in collecting the debt (these include, but are not limited to, the production of reports, correspondence, court fees, attendance at court, phone calls and home visits).
7.2 Any cheque returned by our bank as unpaid, any credit card payment not honoured and any cash tendered that is found to be counterfeit, will result in the original account being restored to the original sum, with further charges added in respect of bank charges and administration costs.
7.3 All missed appointments may be charged unless reasonable notice of cancellation is given. It is in our sole discretion as to whether or not we decide to charge for a missed appointment.
8. OWNERSHIP OF RECORDS AND INTELLECTUAL PROPERTY RIGHTS
Case records, including radiographs, clinical notes, laboratory records and similar documents, and all other Intellectual Property Rights that arise are our property and will be retained by us (but where we deem it suitable, we will automatically share these with your normal general veterinary practice via email, following the treatment of your pet with us). Part of the fees charged will be for the interpretation of such radiographs or laboratory reports. A summary of the history will be passed on to another veterinary surgeon taking over the case. 9. SERVICE HOURS 9.1 Our regular business hours for performance of the Services are: (a) all weeknights (including bank holidays) from 8:00pm to 8:00am; (b) weekends: Saturday from 12:30pm to 8:00am on the next calendar Monday; and (c) bank holidays: 8:00am to 8:00pm
9. SERVICE HOURS
9.1 Our regular business hours for performance of the Services are: (a) all weeknights (including bank holidays) from 8:00pm to 8:00am; (b) weekends: Saturday from 12:30pm to 8:00am on the next calendar Monday; and (c) bank holidays: 8:00am to 8:00pm
10. STUDENT CARE
From time to time, we help provide veterinary students to obtain hands on experience within our practices. As a result, students may occasionally be involved in the care of your pet. You will have the opportunity to give consent and you can withdraw this consent at any time.
11. YOUR CONDUCT (AND OURS)
11.1 We take the health, well-being and safety of our staff, our clients and pets in our care very seriously. We therefore take a zero-tolerance approach against intrusive, offensive, violent or aggressive behaviour. Examples of behaviour that we deem unacceptable are: making malicious allegations about our staff or other clients; derogatory racial or sexual remarks; offensive sexual gestures or behaviour; using violent, threatening or abusive language (including swearing and offensive remarks); violent, threatening or abusive behaviour towards our staff, our clients or pets in our care; theft and other criminal activity; and non-compliance with the practice’s health and safety requirements.
11.2 Please note that we have the right to refuse to provide you services. We reserve the right, at our discretion, to decline to supply veterinary services, to ask you to leave our premises and/ or to terminate our contract with you if you or any person accompanying or connected with you engage in any such behaviour, whether in our practice or when speaking to our staff via phone, email or through our website. We understand that not all animals will respond to treatment as hoped which can be very distressing and we will take this into account when dealing with such behaviour.
11.3 This goes both ways. If you feel that one of our staff members or other clients has acted inappropriately towards you or someone else, please let us know as soon as possible so we can investigate.
12. TERMINATION
12.1 You can end your Contract with us after expiry of the Initial Subscription Period by giving us 28 days written notice and you can do so by visiting the practice (during normal business hours), or by sending an email to us at: enquiries@southdownsemergencyvets.co.uk or a letter to the practice informing us of your decision.
12.2 We also reserve the right to terminate our Contract with you at any time for any of the following reasons: (a) if the information that you provided to us on registration is inaccurate, incomplete or misleading; (b) if you breach any of the terms of the Contract (including those in paragraph 16; (c) if you have failed to make payment to us when it is due and payment is not provided within 7 days of us reminding you; (d) you do not provide us with information within a reasonable time that is necessary for us to provide the Services; or (e) in the event that the practice no longer provides the Services in whole or in part.
12.3 We will write to you either by post or email letting you know that we have made the decision to terminate our Contract with you and our reasons for doing so.
13. CONSEQUENCES OF TERMINATION
13.1 On termination of your Contract with us, you shall immediately pay to us all of our outstanding unpaid Subscription Fees, invoices and interest and collect your pet from us (if it is in our care).
13.2 If you cancel your Contract with us at any time, you will not be eligible for a refund of any paid or unpaid Subscription Fees, if those Subscription Fees are due for payment prior to the date you have given us written notice to cancel the Contract.
13.3 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
14. PRIVACY
14.1 Your privacy is important to us. However, to provide the best treatment to you and your pet, you will be required to share with us personal data, including your name, phone number, address and billing method. We may contact you either by letter, phone, text or electronic means in order to advise you of outstanding accounts, your pet’s current treatment and, where we have the right to do so, any marketing initiatives that might be of benefit to you or your pet.
14.2 We may also share some of your personal data with others, but only to the extent necessary, when we need to do so in order to provide you with the services you asked of us, when it is in our legitimate interest to do so (for example, when engaging debt collectors) or when we are required to share this information in accordance with law.
14.3 By asking us to provide you with our services, you hereby agree to the application of our Privacy Policy and you consent to the way we process and handle your personal data. Please read the full version of our Privacy Policy on our website (http://arunvetgroup.co.uk) and feel free to contact us using the methods described in our privacy policy if you wish to modify how we may contact you.
14.4 You are also aware that residual material or isolates from specimens submitted for diagnostic testing may be retained for laboratory quality assurance, research and development purposes.
15. LIMITATION OF LIABILITY
15.1 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 or if, at the time the Contract was made, both we and you knew it might happen. We are also not responsible for any damages resulting from you acting contrary to or failing to act in accordance with the instructions of us or our staff. If you purchase products from us (including medication), we will not be liable for your use of any products otherwise than in accordance with their instructions or as directed by our staff.
15.2 We are not responsible for any loss or damage that may arise as a result of any advice or instruction we give to you via telephone (i.e., when we are triaging your enquiry), nor are we responsible for any loss or damage if you do not present your pet to our staff for an in-person consultation (regardless of what our verbal advice or instruction to you was over the telephone).
15.3 Our products and services are intended for domestic and private use only. If you use the services or any products that we supply in providing the services for any commercial, business or re-sale purpose we will have no liability to you including for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury to human beings caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to our services.
15.5 Subject to the above exceptions, our liability to you for any damages, losses, claims, costs or expenses arising out of our supply of any products or services shall not exceed: (a) if the supply of those goods or services are covered by our public liability or professional indemnity insurance, the limit of that insurance for each claim or series of connected claims; and (b) if the supply of those goods or services are not covered by our public liability or professional indemnity insurance, the value of the total fees paid or payable by you for the products or services in question.
16. GENERAL
16.1 Force majeure: neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
16.2 Assignment: we may transfer our rights and obligations under these Conditions to another person or company, for example in the event that we merge with another business, purchase another business, or another business purchases ours. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Entire agreement: (a) the Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter; and (b) each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
16.4 Variation: except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16.5 Waiver: a waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
16.6 Severance: if any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Contract.
16.7 Third party rights: (a) unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract; (b) the rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
16.8 Governing law: the Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
16.9 Jurisdiction: each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
16.10 Complaints procedure: if you are unhappy with any of the services we have provided to you, we want to hear from you so that we can try and make things rights. If you would like to get in touch with us to make a complaint, please follow the steps set out in our Complaints Procedure which can be found on our website – http://arunvetgroup.co.uk.
