When Illness Strikes
We Can Be Your Guide
We Can Be Your Guide
Last modified: October 1st, 2022
VetAvailability.com is owned and operated by VetAvailability Inc. To use this website, you must agree to the following terms and conditions (“Terms”). This information is important and affects your legal rights so please read these Terms carefully.
Together with our Privacy Policy, these Terms constitute a binding legal agreement between you (“you”, or “your”) and VetAvailability Inc. (“VetAvailability”, “we”, “us” or “our”) and governs your use of our website at https://www.VetAvailability.com and VetAvailability’s mobile application(s) (collectively, the “Platform”), and the services available through or in connection with the Platform (“Services”). By using or signing up with the Platform, you hereby confirm that you:
If you are accessing the Platform, on behalf of a company, you represent and warrant that you have the authority to bind that company to these Terms and by accepting these Terms, you are doing so on behalf of that company. VetAvailability reserves the right to request proof from any individual that the individual has the requisite authority to bind such company to these Terms.
If you do not agree with these Terms, you must immediately delete your account and/or discontinue your use of the Platform and the Services. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND/OR THE SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
The Platform’s general function is to allow users: (a) to locate member veterinary clinics nearest to their geographic location; (b) to provide veterinary clinic status information (e.g., open, closed or restricted) and wait time information for emergency veterinary clinics; and (c) to find which member primary care veterinarians near them are accepting new patients. The Platform also allows certain users (“Service Providers”) to update: (i) the wait times for their member veterinarian clinic; and/or (ii) the ability of their member veterinarian clinic to accept new patients. Service Providers, on their Member Page (as defined below), may also display other relevant clinic information including services provided and operating hours. Service Providers are (or represent) veterinarian clinics located in Canada or the U.S. that are members of the Platform.
The Platform will also provide users with information and/or guidelines regarding what medical issues are generally considered as critical, urgent or non-urgent (the “Guidelines”). The Guidelines are provided for informational purposes only and should not be considered medical advice under any circumstances. You rely on the Guidelines at your own risk.
You acknowledge and agree that VetAvailability does not provide any medical advice or medical services, and that VetAvailability will only: (i) provide users with information regarding the availability of Service Providers to provide their respective services; (ii) allow Service Providers to update their availability (or ability) to provide their respective services; and (iii) provide the Guidelines for informational purposes only. VetAvailability will not be involved in any of the services provided by a Service Provider.
VetAvailability makes no representation or warranty with respect to, nor does it endorse:
YOU EXPRESSLY AGREE THAT YOU ARE USING THE PLATFORM AT YOUR SOLE RISK. WE ARE PROVIDING THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PLATFORM OR THE SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED CONDITIONS, OR WARRANTIES OF, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT ANY DISRUPTIONS, DELAYS OR IMPERFECTIONS. VetAvailability IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS OR CONTENT OF USERS, SERVICE PROVIDERS OR ANY OTHER THIRD-PARTIES, AND YOU HEREBY AGREE TO RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “VetAvailability PARTIES”, AND INDIVIDUALLY, A “VETAVAILABILITY PARTY”) FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, OR ANY CLAIM YOU HAVE AGAINST ANY USER, SERVICE PROVIDER OR ANY OTHER THIRD-PARTY.
You hereby acknowledge and agree that the Guidelines are provided by VetAvailability for informational purposes only. Under no circumstances should the Guidelines be considered as VetAvailability providing you with any medical advice. Any reliance you place on the Guidelines is strictly at your own risk, and by using the Platform, you hereby release the VetAvailability Parties from any and all claims and damages arising from your use or reliance on the Guidelines.
A Service Provider must register for an account in order to use the Platform. A Service Provider’s account will be associated to the clinic they are legally authorized to represent. The Service Provider’s account allows the Service Provider to post and update Content on the Platform through its “Member Page”, that may be viewed by other users. Service Providers are responsible for all of the Content posted on their Member Pages.
If you are a Service Provider, you also agree to:
If you are a Service Provider, you represent and warrant that you have all necessary rights, consents or approvals to the Content you provide to us and that you are not infringing or misappropriating any third party’s rights by providing such Content to us.
Some of the information that you provide to us, or that we have access to constitutes Personal Information. “Personal Information” is information that can be used to identify or is reasonably capable of being associated with an individual. Please see our Privacy Policy to understand how we collect, disclose, store, and use Personal Information. VetAvailability uses appropriate means to store and maintain your information and account data in a secure operating environment that is not accessible to unauthorized persons; however, we cannot guarantee complete security and you agree that VetAvailability is not liable or responsible for any unauthorized disclosure of any information (including Personal Information) that you provide to us or that we collect about you.
You are responsible for any Content you provide on the Platform. You agree that when using the Platform or the Services, you will not, nor will you direct, aid, or encourage any other individual to do any of the following (collectively, “Restrictions”):
If we believe that you have breached these Terms, including any of the Restrictions, in addition to our right to terminate as set out herein, we may take any or all of the following actions:
Where your ability to access or use the Platform and/or your Member Page is suspended or terminated for any reason: (i) these Terms of Use will nevertheless continue to apply and be binding upon you, in respect of your prior access to or use of the Platform and anything connected with, relating to or arising therefrom; and (ii) we may continue to use and share your Personal Information that you provided to us or that was collected by us, in accordance with our Privacy Policy.
User License: The Platform is owned and operated by VetAvailability or VetAvailability’s licensors. Subject to your compliance with these Terms and any restrictions set out herein, VetAvailability gives you a limited right to access and use the Platform and the Services subject to these Terms. This license cannot be transferred and it may be revoked by us at any time. Nothing in these Terms gives you the right to use the VetAvailability name or any of VetAvailability’s trademarks, logos, domain names, or any other distinctive brand features.
Except for Content you have submitted or posted to the Platform, you may not alter, archive, copy, reproduce, duplicate, publish, transmit, adapt, display, modify or otherwise use or distribute any Content on the Platform unless specifically authorized by us.
VetAvailability License: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post or submit on or in connection with the Platform (“User Content License”). This User Content License ends when you delete your Content and/or your account, and, following such deletion, we will not use your Content; however, we will not delete your Content that has been shared with other users.
Users: Using the Platform is free for users that are not Service Providers.
Service Providers: Service Providers must have a membership and pay an annual membership fee in order to use the Platform to post Content on their Member Page.
Our annual membership fee is in Canadian Dollars, and may change upon the renewal of your annual membership. The annual membership fee is non-refundable, and you, as a Service Provider, are responsible for paying this fee when it is due. If we do not receive payment of your membership fee by the due date, we may limit or terminate your ability to use the Platform. You may pay your annual membership fee using PayPal. If you are unable to pay your membership fee on time, including if your payment method fails, we may collect any fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT SHALL THE VetAvailability PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE PLATFORM, FOR YOUR ACCESS TO, USE OR RELIANCE MADE ON THE SERVICES PROVIDED THROUGH THE PLATFORM, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH: (I) THE PLATFORM; OR (II) YOUR SUBMISSION OF INFORMATION (INCLUDING PERSONAL INFORMATION) THROUGH THE PLATFORM, REGARDLESS OF WHETHER THE VetAvailability PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE VetAvailability PARTIES RELATING TO OR IN CONNECTION WITH THESE TERMS (INCLUDING OUR PRIVACY POLICY), THE PLATFORM OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
The Platform may contain references or links to third-party websites. You acknowledge and agree that VetAvailability does not control and is therefore, not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. We also do not endorse the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.
Access to the Platform is free for users that are not Service Providers, but please be aware that your carrier’s normal rates and fees, such as data charges will still apply.
You agree that these Terms will continue to apply until terminated as provided below.
VetAvailability Termination: You agree that we can stop (either temporarily or permanently) providing all or part of the Platform or the Services to you and terminate these Terms any time for any reason, including if we believe you have violated these Terms. If we terminate or suspend your access to the Platform, you agree that we will have no liability or responsibility to you, and to the fullest extent permitted under applicable law, no membership fees will be refunded to you by us.
Service Provider Termination: As a Service Provider, you may terminate these Terms at any time by deleting your account and discontinuing your use of the Platform and the Services.
You agree that you will resolve any claim, controversy, disagreement or dispute you have with us relating to or in connection with these Terms, the Platform or the Services (“Dispute”) in accordance with this section. The laws of the Province of Ontario and the federal laws of Canada applicable therein, will govern the Dispute, without regard to conflict of law provisions. Upon either you or VetAvailability providing notice of a Dispute to the other party, the parties will first attempt to resolve the Dispute through good faith negotiation for a period of at least fifteen (15) days.
Except as regarding any action seeking equitable relief, including, without limitation, for the purpose of protecting any of VetAvailability’s intellectual property rights, any Dispute not resolved through good faith negotiations, shall be settled by binding arbitration before a single arbitrator and in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any Dispute of any other party. The arbitration shall be held in Toronto, Ontario, Canada, and the language of the arbitration will be English. Each party shall bear the burden of its own costs incurred in connection with such arbitral proceeding.
All information relating to or disclosed by any party in connection with the arbitration of any Dispute (the “Disclosing Party”) shall be treated by the other party, its representatives, and the arbitrator (each, a “Receiving Party”) as proprietary business or confidential information and will not be disclosed by a Receiving Party without the prior written consent of the Disclosing Party.
Any award granted by the arbitrator shall be the sole and exclusive remedy of the parties with respect to the Dispute, and such award may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. The parties hereby waive all rights to any appeal or judicial review of the arbitrator’s decision and any award contained therein.
If anyone brings a claim against us related to: (i) your access to or use of the Platform (including access to or use of your account by any person); (ii) any breach of these Terms by you or any other person using your account; or (iii) any misrepresentation made by you or any other person using your account, you will, in each case, defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. For the purpose of this section, “us” means any VetAvailability Party.
These Terms (including our Privacy Policy) constitute the entire agreement between you and VetAvailability in relation to the subject matter hereof, and supersedes any prior agreements, whether written or oral. If we don’t enforce any particular provision in these Terms, we are not waiving our right to do so later.
Except as set out in the section below, any amendment to or waiver of these Terms must be made in writing and signed by us.
We may add, delete, or modify these Terms at any time. We will provide you notice of amendments to these Terms by amending the “Last Modified” date at the top of these Terms. Your continued use of the Platform confirms your acceptance of these Terms, as amended. If you do not agree to these Terms, as amended, you must stop using the Platform. Therefore, we recommend that you review these Terms periodically. Except as otherwise noted, all changes to the Terms of Use will be effective immediately.
Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
VetAvailability may assign any rights or obligations under these Terms or any part of them without restriction, including, without your consent. You may not assign any rights or obligations under these Terms or any part of them without VetAvailability’s prior written approval. These Terms shall enure to the benefit of the parties hereto and their respective successors and permitted assigns.
You hereby waive any right to a trial by way of a class action in connection with any Dispute.
The provisions and obligations contained in these Terms which by their nature are intended to continue beyond the termination of these Terms shall survive the termination of these Terms.
The parties expressly agree that these Terms (including the Privacy Policy) are drafted in the English language. Les parties conviennent expressément que les présentes Conditions (y compris la Politique de Confidentialité) soient rédigés en langue anglaise.
For questions or to report any violations these Terms, please contact us at info@VetAvailability.com.
Email: info@VetAvailability.com
Toll-Free: 888-331-3917