PLEASE READ THESE LICENCE TERMS CAREFULLY
Terms of service was last updated on May 14, 2019.
By registering an account with us you agree to these terms which will bind you. If you do not agree to these terms, do not register an account with us.
Who we are and what this agreement does
We, OnlineVet 247 UK Limited with company number 11787494 of St James House, 13 Kensington Square, London W8 5HD, United Kingdom, license you to use: the website www.firstvet.com, the mobile application software FirstVet (together referred to as the Site) and the data supplied with the Site including any updates or supplements to the Site, the related electronic documentation (Documentation) and the service you connect to via the Site and the content and services provided through it (Service) as permitted in these terms.
The Service is an internet based e-veterinary services for registered users where you can book a video call appointment with a certified veterinary (Vet) and obtain information regarding animal behaviour, diseases and/or symptoms. Prior to the appointment you may provide a written description of the animal’s behaviour, diseases and/or symptoms (this may also be done via a video link). When the appointment starts you will also be able to describe your animal’s behaviour, diseases and/or symptoms for the Vet, who then may propose a treatment.
We are not a healthcare provider, and only communicate the advice and treatment suggested to you by the Vet. We are not responsible for the examinations or other medical services provided during the appointment.
Note that the Site and our Services do not replace traditional veterinary care, but instead is an addition to the traditional veterinary care.
You are responsible for the accuracy of the information provided when you register your account and ensuring that your registered account details are up to date from time to time (including but not limited to your contact and billing details). The details shall include the email address and phone number that we may use to contact you.
These terms and other instructions and information regarding the Service are also available on our website.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Site and the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The app store's terms also apply
The ways in which you can use the Site and Documentation may also be controlled by the rules and policies of the relevant app store from where you downloaded the Site.
Operating system requirements
The Site requires certain operating system versions to be used on various devices as notified on in our Site or at the relevant app store from time to time.
Support for the Site and how to tell us about problems
Support. If you want to learn more about the Site or the Service or have any problems using them please take a look at our support resources at www.firstvet.com/support.
Contacting us (including with complaints). If you think the Site or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team (opening hours are 9.00 am to 6.00 pm during weekdays, not Bank holiday) at email@example.com or call them on 0333 303 4730.
How we will communicate with you. If we have to contact you we will do so by in-Site messaging, by email or by your phone 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 may notify us and we will cease doing this with immediate effect.
How you may use the Site
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the Site onto one of your personal mobile phone or handheld device and view, use and display the Site and the Service on such devices for your personal purposes only.
- use any Documentation to support your permitted use of the Site and the Service.
- provided you comply with the ‘Licence restrictions’ below, make copies of the Site and the Documentation for back-up purposes; and
- receive and use any free supplementary software code or update of the Site incorporating "patches" and corrections of errors as we may provide to you.
Our charges for the Services
Our charges for a video appointment with a Vet are stated on the Site from time to time. You need to pay our charge before commencement of a video appointment and you may not start an appointment unless you have paid the charge.
You may cancel your video appointment free of charge up to 60 minutes before a booked appointment. You will be refunded, but it may take up to 14 days.
You are also entitled to a refund of any paid charges if a drop-in video call is cancelled less than 60 minutes before the appointment is booked.
You must be 18 to accept these terms and buy the Site
You must be 18 or over to accept these terms and buy the Site.
You may not transfer the Site to someone else
We are giving you personally the right to use the Site and the Service as set out above under ‘How you may use the Site’. Whilst you may have sharing rights, you may not otherwise transfer the Site or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Site is installed, you must remove the Site from it.
You may not allow others to use your registered account
You are not allowed to permit others using your registered account. This means that you are responsible for all actions taken using your registered account. You are also responsible to keep your account log in and password details confidential. We are not responsible for any third party use of your registered account.
Access to the Site and/or your registered account
We aim to make the Site available at all times but may due to technical issues from time to time limit the access to the Site and/or your account. We endeavour to notify you in advance of any such issues.
You are responsible for information you upload to the Site
You are responsible for all information that you upload to the Site or provide during performance of the Service.
Update to the Site and changes to the Service
From time to time we may automatically update the Site and change the Service to improve performance, enhance 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 the Services.
If the Site and/or Services materially change to your detriment you have the right to receive a refund for any Services you have paid for but not received.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you reasonable notice of any change by sending you an in-Site notification, an email with details of the change or notifying you of a change when you next start the Site.
If you do not accept the notified changes you will not be permitted to continue to use the Site and the Service.
If someone else owns the phone or device you are using
If you download or stream the Site onto any 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, whether or not you own the phone or other device.
We may collect technical data about your device
By using the Site or any of the Services, you agree to us collecting and using technical information about the devices you use the Site on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We are not responsible for other websites you link to
The Site or any Service may contain links to other independent websites which are not provided by us. Such independent sites 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 judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the Site or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the Site, Documentation or Services, except as part of the normal use of the Site or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Site, Documentation or Services nor permit the Site or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Site and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Site to obtain the information necessary to create an independent program that can be operated with the Site or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Site;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Site or any Service.
Acceptable use restrictions
- not use the Site or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Site, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Site or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site or any Service;
- not use the Site or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the Site, the Documentation and the Services throughout the world belong to us and the rights in the Site and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Site, the Documentation or the Services other than the right to use them in accordance with these terms.
All intellectual property rights in the images and video material that you upload belong to you, however, we and the Vet have the right to use such images and video material to provide the Services to you. This means that the Vet may provide the images and video material to other healthcare providers (for example to facilitate referrals). We also have the right to record video appointments for quality and educational purposes.
Our responsibility for loss or damage suffered by you
Limitations to the Site and the Services. The Site, Documentation and Services are provided on an as is basis and we make no representations, warranties or guarantees, whether express or implied, that the Site, Documentation or Service is accurate, complete or up to date. For avoidance of doubt, we are only responsible for the operation of the Site facilitating the video call appointment between you and the VET and we are not responsible for the Vet’s treatment advice, whether provided during the video call or in writing. We are not liable for malpractice with regards to any advice given by the Vet. If you consider that the Vet has committed malpractice, please contact the Royal College of Veterinary Surgeons.
We are not a pharmacy. We are not a pharmacy and do not supply any prescriptions or medicines. The supply of pharmacy related goods and medicines are provided by the Vet.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use 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 or if, at the time you accepted these terms, both we and you knew it might happen.
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 caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When are not liable for damage to your property. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Site is for domestic and private use. If you use the Site for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the Site. We recommend that you back up any content and data used in connection with the Site, to protect yourself in case of problems with the Site or the Service.
Check that the Site and the Services are suitable for you. The Site and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Site and the Services (as described on the app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Site or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the Site and the Services if you break these terms
We may end your rights to use the Site and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Site and Services:
- You must stop all activities authorised by these terms, including your use of the Site and any Services.
- You must delete or remove the Site from all devices in your possession and immediately destroy all copies of the Site which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the Site from them and cease providing you with access to the Services.
- You must not register a new account with us unless we specifically permit you to.
You stop using the Site and the Services
If you want to stop using the Site and the Services you must delete your account and we will promptly remove all stored information we have about you, apart from information that we are required to keep under any applicable law.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. 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 need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
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.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform.