Terms of Service

Last updated: 2022-01-20

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

1. Introduction

These terms of service apply to customer’s use of the services provided by OnlineVet 247 UK Limited with company number 11787494 of FirstVet, The Barbon Buildings, 16 Red Lion Square, London, England, WC1R 4QH, United Kingdom (we, us or FirstVet): the Site ww.firstvet.com, mobile application software FirstVet and any data, updates and documentation related to it (together referred to as the Site) and the service you connect to via the Site and the content and services provided through it (the Service).

By registering an account with us or using the Site, you accept and agree to these terms and conditions that are binding. If you do not accept and agree to these terms and conditions, do not register an account with us. The ways in which you can use the Site may also be affected by the rules and policies of the relevant app store where you downloaded the Site.

You are responsible for the accuracy of the information provided when you register your account and for ensuring that your registered account details are kept up to date (including but not limited to your contact- and billing information). The information should include the email address and phone number that we can use to contact you.

These terms of service and other instructions and information about the Service are also available on the Site.

2. The Service

The Service is an internet-based e-veterinary service for registered users where you can book an appointment via chat, voice- or video call (Consultation) with a licensed Vet, veterinary nurse, nutritional advisor, behavioural advisor or other qualified person depending on what your case is about (hereinafter referred to as a Vet) and get information about your pet's behaviour, illnesses and/or symptoms. Before the Consultation, you may provide a written description of the pet's behaviour, illnesses and/or symptoms, as well as upload pictures and/or video. When the Consultation begins, you will also be able to describe your pet's medical condition and/or behaviour to the Vet, who can then propose a treatment plan. Through the Service you can also get general advice, both general care advice and guidance as well as more detailed advice.

FirstVet is not a primary healthcare provider because we cannot perform a hands-on physical examination of your pet, but only convey the advice and treatment plan suggested by the Vet to you. FirstVet bears no responsibility whatsoever for the examination or other medical services provided during the Consultation.

Please note that the Site and the Service do not replace traditional veterinary care, but instead are a complement to veterinary care in a physical clinic. Via the Service, the Vet triages your pet. This means that based on the information you have provided and the symptoms you have described, the Vet advises on what they recommend as the next step for your pet's care. Without an in-person physical examination, no veterinarian can give a definitive diagnosis. If you feel that your pet is deteriorating, if additional symptoms or similar occur, or if new relevant information comes to light, please book a new Consultation in the Service, or see your registered vet.

Consent is sought verbally, and reported in the journal, to share clinical journals with the registered veterinary clinic, if appropriate. We may also share medical records in PDF format with your insurance company or other partners to make sure that you have coverage of your insurance, membership or similar, or otherwise if such insurance company or partner requests it.

3. Changes to the Service or these terms of service

From time to time, we may automatically update the Site and modify the Service to improve performance, functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the Site for these reasons. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the Site and/or Service.

We may need to change these terms to reflect updates as described above, legislative changes, changes to market standards, or to manage additional features that we are introducing. We will provide you with information about any material or significant changes by sending you a notice on the Site, an email with information about the change, or notifying you of a change when you next launch the Site. If you do not accept the announced changes, you may not continue to use the Site and the Service. By continuing to use the Site or Service, you agree to be bound by the amended terms.

If these terms, the Site and/or the Services materially change to your detriment, you have the right to require FirstVet to delete your account, whereby you are entitled to a refund for any prepaid amount in respect of any Services you have paid for but not received.

4. General regarding accounts and the Site

You must be 18 years of age or older to accept these terms and use the Site.

We personally grant you the right to use the Site and the Service under these terms. You may not transfer the Site to someone else and you may not permit others to use your registered account. This means that you are responsible for all actions taken with your registered account. You are also responsible for keeping your account login and password information confidential. FirstVet is not responsible for third parties' use of your account or for the consequences and any damages thereof.

You are responsible for any information that you upload to the Site or provide during the use of the Service. If you download or stream the Site to a phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms and conditions, whether you own the phone or any other device or not.

You may not use the Site or the Service in any unlawful manner, for any unlawful purpose or in any way inconsistent with these terms, or act fraudulently or maliciously, or use the Site or the Service in a way that may harm, disable, overload, degrade or compromise our systems or security or interfere with other users.

We may transfer our rights and obligations under these terms to another organization. We will always notify you in writing if this happens. You may only transfer your rights or obligations under these terms to another person if we agree in writing.

5. Availability

We strive to ensure that the Site is always usable but technical problems or maintenance of the Site from time to time may restrict access to the Site and/or your account. We strive to notify you in advance of such issues.

6. Liability and limitations

The Site and the Service are provided on an as is basis and as available and we make no representations or warranties, either express or implied, of any kind. FirstVet is solely responsible for the operation of the Site facilitating the Consultation between you and the Vet. FirstVet is not responsible for the Vet's treatment advice, information or recommendation, whether provided during the Consultation or in writing. FirstVet is not responsible for malpractice with regards to advice given by a Vet. The responsibility for the treatment lies between the Vet and you. If you consider that the Vet has committed malpractice, you should contact the Royal College of Veterinary Surgeons.

The Site and the Service have not been developed to meet your individual requirements and are intended for private use. Make sure that the features of the Site and the Service (as described on the app store's site and other relevant documentation) meet your expectations and requirements. If you use the Site for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption of business or loss business of opportunity.

The Site requires certain operating system versions to be used on different devices notified on the Site or where you download the app. We are not responsible for damage to your property or for damage you could have avoided by following our advice to apply an update offered to you for free of charge or for damage caused by you failing to comply with the installation instructions or to have in place the minimum system requirements advised by us.

All information and materials available on the Site are - unless expressly stated otherwise - intended for general information purposes only and do not constitute advice or recommendations. The information may be non-exhaustive or not up to date and also subject to typographical errors or technical inaccuracies. You will need to make your own independent assessment of the appropriateness of using the information on the Site yourself.

The Site or the Service may contain links to other independent websites which are not provided by us. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use such independent websites, including whether to purchase any products or services offered by them.

If we do not comply with these terms, we are only liable for direct loss or damage you suffer which is a foreseeable result of us violating these terms or of not using reasonable care and skill. We are therefore not responsible for indirect or consequential loss or damage. FirstVet's maximum liability in any case is limited to GBP 1,000.

We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence by our employees, agents or subcontractors or for fraud.

We are not responsible for events outside our control. If our provision of the Services or support for the Site or Services is delayed by an event beyond our control, we will notify you as soon as possible and we will take steps to minimise the impact of the delay. Provided we do this, we are not responsible for delays caused by the event, but if there is a risk of significant delays, you can contact us to delete your account with us and receive a refund for any Services you have paid for but not received.

7. Intellectual property rights

All intellectual property rights in our trademarks, the Site and the Service worldwide belong to us (or our licensors where applicable) with an exclusive right. You have no intellectual property rights in, or to, the Site or the Service other than the right to use them in accordance with these terms. FirstVet therefore reserves the exclusive right to use the above mentioned materials and rights. Any copying, modification, transfer, decompilation, reverse engineering and/or other use of, or otherwise making available, FirstVet's materials or intellectual property rights not expressly permitted under these terms or FirstVet's instructions from time to time is prohibited. You acknowledge and agree that any unauthorised use of FirstVet's materials or intellectual property rights, other than being a violation of the terms, may be a criminal offense. FirstVet reserves the right to take legal action in the event of such unauthorised use of FirstVet's intellectual property rights.

All intellectual property rights in the images and video materials you upload belong to you, but we and the Vet have the right to use such images and video material to provide the Services to you. This means that FirstVet and/or the Vet have the right to store and copy these, and may provide images and video material to other healthcare providers (for example to facilitate transfer to physical veterinary clinics) and also to your insurance company or our other partners that bear the cost of your use of the Service. We also have the right to record the Consultation for quality and training/educational purposes.

8. Unauthorised use of the Site

FirstVet may take action against unauthorised use of accounts and the Site (including misuse of the Service or generally inappropriate behaviour, assessed in FirstVet's full discretion), including by suspending your account at any time and without notice, removing information from the Site or taking other actions to protect the reputation and reliability of the Site, without liability for any consequences.

If you violate these terms of service or applicable law, or use the Site in an unlawful or unauthorised manner, you shall indemnify and hold FirstVet harmless from any damages incurred by FirstVet as a result thereof.

9. Fees for the Service and cancellation of Consultations

Our prices and fees for a Consultation are listed on the Site and updated from time to time. Payment for the Consultation through the Site is made in advance before the Consultation begins. You cannot start Consultation until payment is made.

You may cancel your Consultation free of charge up to 60 minutes before the Consultation is due to take place. You are then entitled to a refund of the amount already paid for the Consultation. Due to technical solutions, it can take up to 14 days before you have had your money refunded.

You are not entitled to a refund of the amount already paid for drop-in Consultation cancelled or a scheduled Consultation that is cancelled later than 60 minutes before the Consultation is due to take place.

10. Deletion of account and suspension

These terms and conditions are applicable and in force as long as you have a registered account with us. If you no longer wish to be bound by these terms, or if you wish to stop using the Site and the Service, you must delete your account and we will remove any stored information we have about you, except for information that we are required to retain under applicable law.

If you violate these terms of service or our other policies, FirstVet has the right to immediately suspend your account. Information that we have about you will then be removed, except for information that we are required to retain under applicable law.

If your account has been suspended in accordance with this section, you may not re-register or register a new account with us unless we specifically permit you to.

11. Personal data

When registering an account with us and/or use the Site and/or the Service, we will use and process your personal data. We only use personal data that we collect through your use of the Site and the Service in the ways set out in our Privacy Policy from time to time. By creating an account, in addition to accepting and agreeing to these terms of service, you confirm that you have read and understood our Privacy Policy.

Please note that internet transfers are never completely private or secure and that any messages or information you send through the Site and service can be read or intercepted by others, even if there is a specific message that a particular transfer is encrypted.

By using the Site or any of the Services, you agree that we collect and use technical information about the devices you use the Site on and related software, hardware and peripherals to improve our products and provide the Service to you.

12. Governing law and dispute resolution

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

13. Communication

If you want to get in touch with FirstVet, you can send an email to our UK customer service team at support@firstvet.co.uk or call on phone number 0330 808 1281 (opening hours are 09:00 am – 05:00 pm, lunch closed 12:00 pm to 01:00 pm, during weekdays. Customer service is not open at weekends or on bank holidays). Contact details can also be found on the Site.

If we need to contact you, we will do so via communications via the Site, by email or telephone using the contact details you have provided to us. We may contact you from time to time regarding various information and promotional offers. If you do not want us to contact you regarding such information and offers, you can notify us and we will cease doing this with immediate effect.