Terms and Conditions for the supply of services by Vet Oracle
These Terms and Conditions set out the contractual basis on which Vet Oracle provides services to You.
Vet Oracle is a trading name of CVS (UK) Limited, whose registered office is situated at CVS House, Owen Road, Diss, Norfolk, England IP22 4ER.
Background
(i) Vet Oracle provides services through remote connectivity from the United Kingdom.
(ii) Services may be provided Worldwide by telephone, email, camera connections through eg Skype and from uploading scans to third-party data providers or through our software platform.
(iii) The services of Vet Oracle are provided by vets located in and governed by the rules of veterinary practice of the United Kingdom regardless of where they are received by You.
(iv) This agreement is covered by the Laws of England and Wales and the Parties agree to the exclusive jurisdiction of the professional veterinary tribunals or Courts of England and Wales.
1. Definitions
In these Terms and Conditions;
1.1 “Advice” means any advice provided by Vet Oracle where You have accepted these terms and conditions and created a Case with us;
1.2 “Authorised Users” means, where You are a commercial organisation, employees who have been specifically authorised to seek Advice and who have read these terms and conditions;
1.3 “Case” means the details of a Client case, including all Client Materials, submitted to Vet Oracle by the Client (in respect of which the Services are provided);
1.4 “Client” or “You” means You, being the person, firm or company purchasing the Services;
1.5 “Client Materials” means any oral or written description recorded or noted, digital or photographic materials, images, documents provided by the Client.
1.6 “Confidential Information” means any information provided or otherwise made available by either Party (whether before, on or after the commencement of the Contract) to the other Party and which is marked as “confidential”, or is stated to be confidential, or is reasonably understood in the circumstances of the Advice to be confidential;
1.7 “Contract” means this contract for services entered into between the Client and Vet Oracle incorporating these Terms and Conditions;
1.8 “Fees” means the fees payable to Vet Oracle by the Client in relation to each Case as specified by Vet Oracle prior to commencement of the Services and shall include any disbursements or expenses which are specified. The Client shall also be responsible for any sales tax or VAT chargeable on the Fees;
1.9 “Instructions” means details and background to any Case provided by the Client for the purpose of obtaining Advice
1.9 “Registration” means online registration by the Client on Vet Oracle’s website;
1.10 “Case Report” means a report created or developed by or on behalf of Vet Oracle for the Client in relation to a Case;
1.11 “Services” means the services to be provided to the Client by Vet Oracle in respect of each Case together with any other services that VetOracle provides or agrees to provide to the Client;
2. Supply of Services
2.1 Vet Oracle conforms to the Royal College of Veterinary Surgeons (“RCVS”) Practice Standards and all of our veterinary surgeons and veterinary nurses (“Veterinary Staff”) are subject to the RCVS Code of Professional Conduct.
2.2 Vet Oracle provides Services only to Clients who are licensed and qualified Veterinary Surgeons within the jurisdiction from where they are seeking advice.
2.3 We may need certain information from You so that we can carry out the Services. We will contact You to ask for this information. If You do not give us this information within a reasonable amount of time of us asking for it, or if You give us incomplete or incorrect information we will not be liable for any delay in providing Advice or other veterinary service or any injury or death caused to an animal as a result.
2.4 All Vet Oracle Advice is based on the submitted Client Materials only. You shall be responsible for application of the Advice in professional practice and Vet Oracle shall not be responsible or liable for such application or any determination made by You on the basis of such Teleneurology Advice. In particular, the Client undertakes to verify that any recommendations for treatment are in line within the local licensing rules of their particular geographic location.
2.5 Vet Oracle shall use all reasonable endeavours to meet any dates for the provision of the Services which may be agreed between the Parties from time to time, but these are all estimates only and time shall not be of the essence for the provision of any of the Services.
2.6 Vet Oracle reserves the right to charge for any additional services requested by the Client which Vet Oracle reasonably believes do not fall within the scope of the Services and which Vet Oracle agrees (at its absolute discretion) to provide. However, no such charges will be made or additional services provided without the prior agreement of the Client.
2.7 Vet Oracle may decline to provide Advice where You have failed to pay any Fees beyond the any date when they fell due for payment.
3. Fees and Expenses
3.1 In consideration for the Services to be provided by Vet Oracle, the Client shall pay the Fees to Vet Oracle. When creating an account, you will have access to a price list for our services and Instructions to proceed will be a commitment to pay such price. If the service is not on the price list, Vet Oracle will provide you with a fixed quote or estimate prior to providing the Advice and may require payment in advance.
3.2 All Fees are unless previously agreed, charged in Sterling and will be subject, where applicable to Value Added Tax.
3.3 Vet Oracle will ordinarily invoice the Client for the Fees after providing the Advice and You agree to pay the invoice within 14 days of delivery.
3.5 Vet Oracle may charge interest on any unpaid invoice at the rate of 8% per annum.
4. Intellectual Property Rights
4.1 All Copyright in materials provided by the Client shall remain the property of the Client. All Copyright in materials provided by Vet Oracle shall remain the property of Vet Oracle.
5. Obligations of the Client
5.1 The Client shall:
5.1.1 ensure that the details of Instructions are complete and accurate;
5.1.2 warrant that by seeking Advice they are a qualified Veterinary Surgeon.
5.1.3 at all times comply with all relevant laws and regulations in their jurisdiction pertaining to the examination, diagnoses and treatment of animals.
5.2 The Client undertakes to Vet Oracle that the Client Materials and Instructions it provides to Vet Oracle shall be of sufficient detail and of sufficient quality to allow Vet Oracle to perform its obligations under this Contract.
5.3 The Client agrees that if Vet Oracle’s Advice is prevented or delayed by any act or omission of the Client, Vet Oracle shall not be liable for any losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
6. Use of information and case
6.1 Vet Oracle shall be entitled to maintain and store Client Materials and shall have the right to publish anonymised Client Materials for publicity, lecturing, training or other purposes.
7. Confidentiality
7.1 Each Party agrees to use the other Party’s Confidential Information solely for the purposes of the Contract and not, to disclose the same whether directly or indirectly, to any third party without the other Party’s prior written consent.
7.2 The restriction in clause 7.1 shall not apply to Confidential Information which was public knowledge or already lawfully known to the receiving Party at the time of disclosure to it, or which subsequently becomes public knowledge other than by a breach of a duty owed to the first disclosing Party
7.3 Either Party may disclose Confidential Information where it is required by a professional veterinary body, insurer, government agency or is subject to a court order for disclosure.
8. Liability
8.1 Except as expressly set out in the Contract, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
8.2 Vet Oracle shall use reasonable care and skill in providing the Services
8.3 Vet Oracle is not responsible for any losses which are not directly caused by any breach of Contract or which were not reasonably foreseeable at the time of Instructions being given. Vet Oracle excludes liability for any pure economic loss.
8.4 Vet Oracle is insured by the Veterinary Defence Society (VDS) in relation to the Advice and the Client agrees that any claim brought by the Client for any Breach of Contract may and shall be referred by Vet Oracle to VDS.
8.5 Nothing in this agreement shall limit or exclude either party’s liability (a) for death or personal injury caused by their negligence, (b) for fraud or fraudulent misrepresentation; or (c) for any other act, omission, or liability which may not be limited or excluded by law
9. No rights of Third Parties
9.1 Vet Oracle and You agree that the Contracts (Rights of Third Parties) Act 1999 is excluded in relation to all dealings between us under these terms and conditions. No-one other than a party to this agreement shall have the right to enforce any of its terms.
10. Governing law and jurisdiction
