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.
7.1 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.
8.1 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
10.1 This 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. The courts and tribunals of England and Wales shall have sole jurisdiction.