Terms of Use

Last updated July 25, 2024

1. OVERVIEW

These Terms of Use form a legally binding contract between VETIBILITY INC. (“Vetibility”, “we”, “us”, or “our”) and the people and companies (“Users”, “you” or “your”) that access and use our website located at www.vetibility.com or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website (collectively, the “Services”).

It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.

If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the Services on behalf of such entity.

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.

2. SERVICES AVAILABLE ON THE WEBSITE

Vetibility is an application based service connecting owners (“Clients”) of pets with licensed veterinarians (“Vets”), including those operating within a third-party veterinary clinic, hospital, office, or mobile that is part of the Vetibility Clinic Network (VCN), providing veterinary telemedicine consultations to owners of pets and service animals (“Pets”). For the purposes of these Terms of Use, veterinary telemedicine refers to the provision of specific veterinary medical advice and veterinary treatment of a Pet based on the virtual diagnosis of disease and injury by means of telecommunications technology where no physical examination of the Pet by the Vet takes place.

The use of our Services is restricted to appointments booked through the Website. Our Services are subject to change over time and without notice. By using the Website, you are confirming that you have determined that our Services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

USE OF OUR SERVICES IS NOT FOR EMERGENCIES AS WE CANNOT GUARANTEE AN IMMEDIATE RESPONSE. IF YOU HAVE AN IMMEDIATE CONCERN, PLEASE PROCEED TO THE NEAREST OPEN VETERINARY CLINIC OR VETERINARY HOSPITAL.

3. OWNERSHIP OF YOUR FILES

When you choose to upload documents or data (including any images, videos, or text), Vetibility does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and Vetibility claims no intellectual property rights with respect to the Content.

However, by posting, uploading, inputting or submitting any Content whatsoever to the Website, you are granting Vetibility an irrevocable, royalty free license while the Content remains uploaded to the Website, to use the Content, or any Content created through the use of the Website, for any purpose related to its business and the Website, and/or promotion thereof, including the right to copy, distribute, edit, and/or publicly display such content with or without attribution.

4. CLIENT CONSULTATION FEES

When a Client books an appointment through the Website, they are booking directly with Vetibility for services contracted out to a veterinary professional. Clients are charged an appointment fee, as set by Vetibility or a veterinary clinic, hospital, office, or mobile operating as part of the Vetibility Clinic Network (VCN), for the services provided to the client by the veterinary professional. Subscriptions are not valid for appointments booked with a veterinary clinic, hospital, office, or mobile operating as part of the VCN.

All payments are made through our third-party payment processor, Stripe, in accordance with Section 7 - Payment Procedures below.

5. SUBSCRIPTIONS

Subscriptions are offered on an unlimited basis, however, are only applicable to consultations with a Vetibility veterinarian and are not applicable for appointments booked with a veterinary clinic, hospital, office, or mobile operating as part of the VCN. In its sole discretion, if Vetibility determines the unlimited nature of a subscription is being abused, Vetibility may opt to cancel the subscription and refund the subscription fee.

All payments are made through our third-party payment processor, Stripe, in accordance with Section 7 - Payment Procedures below.

6. VET PAYMENTS

When a Vet sees an appointment through the Website, they are either operating under our accredited veterinary facility, Vetibility Veterinary Services, or their associated veterinary clinic, depending on whether they are offering their services as part of the Vetibility Clinic Network (VCN). Payments for each appointment will be on a per-appointment basis and will be remitted to either the Vet or the applicable veterinary clinic, depending on whether the Vet is operating as part of the VCN. Payments are net of customary service and payment processing fees, as set by Vetibility and subject to change.

All payments are made through our third-party payment processor, Stripe, in accordance with Section 7 - Payment Procedures below.

7. PROFESSIONAL LIABILITY INSURANCE PREMIUMS

Vets are responsible for maintaining appropriate professional liability insurance.

8. PAYMENT PROCEDURES

Vetibility will be the merchant of record for all transactions between Vets and Clients and will remit payment to Vets as set out below. No Vet may request or permit any Client to remit payment in any form or manner directly to the Vet or its representative or agent for any services performed via the Website. Any violation of this term may result in the immediate suspension or removal of the non-conforming Vet’s Account without notice and/or legal action.

All payments are made through our third-party payment processor, Stripe, and are subject to the Stripe Services Agreement (the “ Stripe Services Agreement ”). By agreeing to these Terms or continuing to operate as an Account holder on the Website, 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 Vetibility enabling payment processing services through Stripe, you agree to provide Vetibility accurate and complete information about you and/or your business, and you authorize Vetibility to share it and transaction information related to your use of the payment processing services provided by Stripe, with Stripe.

Clients and VCN members are responsible for paying all fees and applicable taxes associated with Vetibility’s Services in a timely manner with a valid payment method. If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file, retaining collection agencies and legal counsel.

The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees may be listed separately from the transaction amount on a credit or debit card statement. Therefore the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a consultation booked on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

9. REFUND POLICY

Client consultation fees are non-refundable, unless the Vet does not attend an accepted consultation call or the Vet determines your pet requires immediate in-person care within the first few minutes of your consultation, as confirmed by Vetibility, or for any valid reason at our sole discretion. Subscription fees are non-refundable, unless the subscription is cancelled in accordance with Section 5.

Clients must submit a request for a refund to refunds@vetibility.com. If Vetibility determines the refund request to be valid, we will process the refund within three (3) business days. Vetibility’s decision with respect to refunds is final and binding. Refunded amounts are net of payment processing fees charged by Stripe.

10. YOUR ACCOUNT

To use certain features of the Website or certain Services, you must establish an account (“Account”). Upon registration, you will select a username and password. You must provide accurate and complete information and keep your Account information current by updating such contact information via the Website or by contacting us with any updates to your contact information by email at accounts@vetibility.com. All personal information associated with your Account or your use of the Website is collected, used and disclosed in accordance with our Privacy Policy.

Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your Account. You may not use the Account of any other user, without that user’s permission. You agree to immediately notify Vetibility of any unauthorized use of your password or username or any other breach of security and to select a new username and password if you believe your Account has been compromised. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request. Vetibility cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Each user acknowledges and agrees that: (a) neither Vetibility nor any of our affiliates will have any liability to any user for any unauthorized transaction made using your username or password; and (b) the unauthorized use of your username and password for your Account could cause you to incur liability to both Vetibility and other users.

User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each user’s purported identity. We encourage you to communicate directly with a user through the tools available on the Website, though even this does not assure you of the identity of the person with whom you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.

There is no guarantee that you will be accepted as a registered user of the Services. We reserve the right to deny you access to the Services or any part thereof, in order to maintain or restore security or performance to the Services. We may also do so if we reasonably believe you are in breach of these Terms of Use or your Account has been or may be used by an unauthorized person. Users are permitted to have only one Account per individual.

11. SUSPENSION AND TERMINATION

You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.

We reserve the right to suspend any Account for investigation with respect to compliance with these Terms of Use and to terminate any Account where we find that the Account is being used in breach of these Terms of Use.

Further, we may, without notice to you, suspend or terminate a Vet or Client Account at any time if we suspect, in our sole discretion, that an Account is being used in an unauthorized or fraudulent manner. In addition, should we ask a user for proof of identification, and that identification is not submitted in the allotted time, we reserve the right, in our sole discretion, to suspend or terminate the associated Vet or Client Account.

If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

12. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Vetibility, including our officers, directors, shareholders, employees and agents from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

14. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.

You must immediately notify us of any unauthorized use of your Account, including the unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your Account however arising.

15. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.

16. COMPLIANCE WITH LAWS

You represent and warrant that:

  1. You have the authority to bind yourself to these Terms of Use;

  2. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;

  3. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and

  4. Your use of the Website will comply with all local, state, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

17. AGE RESTRICTIONS

Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between Vetibility and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or Vetibility. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

19. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Vetibility or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Vetibility otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

20. VETERINARIAN-CLIENT-PATIENT RELATIONSHIPS

A Veterinarian-Client-Patient Relationship (VCPR) is established between Vetibility, the Client, and the Pet once a Vet has accepted a given consultation request and the Client has confirmed the consultation. The scope of service provided within a VCPR established via our Services is limited to what is permitted while practicing telemedicine in the applicable jurisdiction and to the specific presenting complaint for which a given consultation has been requested. Any required in-person care would need to be provided by another full-service, accredited companion animal facility. Each VCPR established via our Services is naturally concluded with the completion of each consultation. A VCPR can be re-established with the request of a new consultation.

21. VET ELIGIBILITY; ACCURACY OF INFORMATION; CONSULTATION PRACTICE REQUIREMENTS

In order to be eligible to provide veterinary services on the Website, each Vet represents and warrants that:

  1. You hold a license in good standing to practice veterinary medicine issued by a veterinary regulatory authority of a state/province/territory in which we operate.

  2. You are not currently, and have not been within the past three years, subject to any investigations or complaints of professional negligence or misconduct.

  3. You are solely responsible for ensuring that the telemedicine scope of practice is within the legal statutes set forth by the state/provincial/territorial veterinary regulatory authority where you are licensed.

  4. You shall uphold and adhere to all applicable medical, professional and ethical duties and standards in providing veterinary telemedicine services via the Website.

  5. You shall use your professional judgement to determine whether 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 drugs.

  6. You are solely responsible for adhering to all veterinarian telemedicine requirements issued by the applicable veterinary regulatory authority and/or veterinary medical association, including without limitation:

    1. whether you must be licensed in the jurisdiction the Pet is located

    2. whether you must have an existing veterinary-client-patient relationship (“VCPR”) or whether a VCPR is created via a telemedicine consultation on the Website.

  7. You shall uphold and maintain the integrity and confidentiality of the VCPR.

In order to provide veterinary services on the Website, Vets must comply with Vetibility requirements including but not limited to:

  1. Vets must submit their veterinarian license information and, if applicable, veterinary clinic information (name, address and other contact information) to Vetibility in order to complete an Account. As noted above, all Vets must be licensed and in good standing to use the Services.

  2. Vets must advise the Client that services will only be provided in accordance with the standards of practice of the profession.

  3. Vets are responsible for maintaining their own appropriate professional liability insurance.

  4. Vets must accept a reasonable number of booking requests received in the interest of the Client experience; and

  5. Vets are prohibited from being absent from any number of accepted consultation bookings.

22. GENERAL TERMS

a. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

b. ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

c. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of this or any other provision, right or remedy of this Agreement on this or any future occasion.

d. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners, agents, or employees. Vetibility has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.

e. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

f. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and Vetibility and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

23. QUESTIONS ON THESE TERMS OF USE, WEBSITE, OR SERVICES

If you have any questions or comments regarding these Terms of Use, the Website, or the Services, please contact support@vetibility.com.

24. CONFIRMATION OF AGREEMENT TO TERMS OF USE

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.