VetCloud Terms of Services

Table of Contents

  1. General Information Regarding VetCloud Terms of Service.
  2. Your Agreement to the Terms.
  3. Changes to the Terms.
  4. Provision of the Websites and Services Generally.
  5. No Legal Advice.
  6. User Conduct.
  7. Accessing the Service and Account Security.
  8. Terms Relating to Content on the Websites and Services.
  9. DISCLAIMER OF WARRANTIES.
  10. LIMITATION OF LIABILITY.
  11. Indemnification for Breach of Terms of Service.
  12. Privacy Policy.
  13. Trademarks
  14. Termination of this Agreement.
  15. Deletion of Documents upon Termination of Use.
  16. Miscellaneous Terms.
  17. Attribution to Creative Commons.
  18. Refund Policy.
  19. Effective Date.

1. General Information Regarding VetCloud Terms of Service

These Terms of Service (also referred to as "ToS") apply to your use of all of the websites that VetCloud Ltd operates (https://vetcloud.co/ and/or others, collectively referred to as the "Websites"), including the products and services provided through the Websites (collectively, the "Services"). VetCloud Ltd is a Company based in United Kingdom, with a registered seat at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE.

Unless otherwise agreed in writing with VetCloud Ltd, your use of any Website or Service will always be subject to, at a minimum, the ToS set out in this document.

The ToS, together with any Additional Terms, form a binding legal agreement between you and VetCloud Ltd in relation to your use of the Websites and the Services. Please read these ToS carefully. Your usage of the Websites and Services will constitute your consent to the ToS as laid out in this document.

2. Your Agreement to the Terms.

YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the ToS, you are not authorized to use any Website or Service, hence we kindly ask you to seize the usage of any of the Sites and Services.

3. Changes to the Terms.

From time to time, VetCloud Ltd may change, remove, add to or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated ToS, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the ToS. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately. If you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after the revised Terms are effective indicates that you have read, understood and agreed to those Terms.

4. Provision of the Websites and Services Generally.

VetCloud Ltd makes the Websites and Services available to you on the ToS. You may only use the Websites and Services in accordance with these Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on any Website or Service.

5. No Legal Advice.

VetCloud Ltd is not a law firm and does not provide legal advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. In particular but without limitation, the use of any of VetCloud's legal tools and/or using any Services relating to VetCloud's legal tools or licenses does not constitute legal advice nor does it create an attorney-client relationship. VetCloud provides all Websites, Services, information, tools and licenses on an "as-is" basis. VetCloud Ltd makes no warranties regarding any information and/or tools provided on or through the Websites and Services, and disclaims liability for damages resulting from their use.

6. User Conduct.

Users agree not to use the Websites or Services to:

  1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unsolicited or unwelcome solicitation or advertising;
  3. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
  4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  5. Intimidate or harass another;
  6. Use or attempt to use another's account, service, or personal information;
  7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
  8. Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means, or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
  9. Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Websites or Services;
  10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party's use and enjoyment of any Website or Service.

7. Accessing the Service and Account Security.

VetCloud Ltd reserves the right to modify its Websites and Services in its sole discretion without prior notice. If said changes are substantial, VetCloud Ltd will make commercially reasonable efforts to inform you of such changes (e.g. sending you an email to the address which you have used to register on our Websites). VetCloud Ltd will not be liable to any User if for any reason all or any part of its Websites and/or Services are unavailable at any time or for any period. From time to time, VetCloud Ltd may restrict User's access to some parts of or the entire Websites and the Services for scheduled maintenance or for other purposes.

You acknowledge that use of the Service requires compliance with certain minimum requirements for hardware, systems software and Internet browsers for User's workstations and the download of certain applications software on your workstation, as well as Internet connectivity. Your failure to comply with these requirements may result in the Service not functioning at all or to function poorly. You are responsible for ensuring that your systems meet all minimum requirements, as modified from time to time.

To access the Service or some of the resources it offers, Users may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete, and you represent that all such information will be correct, current and complete. You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, which VetCloud Ltd may update from time to time in its discretion, and you consent to all actions VetCloud Ltd takes consistent with our Privacy Policy.

If you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not provide third parties with, or permit third parties to use your user names, passwords or other security information. You agree not to permit any other person to authorize the account associated with your user name and password (sometimes referred to as your "account") and not to use the account of, or to impersonate, any other person. You agree to notify, or to cause the Authorizing Customer to notify, VetCloud Ltd immediately of any unauthorized access to or use of your user name or password or any other breach of security with respect to the Service involving your account. You also agree to ensure that you exit from your account at the end of each session. Users should use particular caution when accessing account from a public or shared computer so that others are not able to view or record their respective password or other personal information.

VetCloud Ltd shall have the right to disable any user name, password or other identifier, at any time in our sole discretion for any reason, including if, in our opinion, any User or Authorizing Customer has violated any provision of these ToS.

8. Terms Relating to Content on the Websites and Services.

8.1.

Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, "Content") which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that VetCloud Ltd does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is VetCloud Ltd liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.

8.2.

Licenses Associated With Content on the Websites and Services.

  1. VetCloud Content: All Content (in addition to the computer software) owned by VetCloud Ltd made available to you on the Websites or through the Services is licensed to you for the purpose of rendering the Service, unless marked otherwise. VetCloud retains all rights to the content and the computer software.
  2. Your Content: You retain, if any, the copyright in your Content that you provide on the Websites or in connection with the Services.
  3. Third Party Content: Third Party Content and Third Party Websites that VetCloud links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that VetCloud supplies, as a courtesy VetCloud will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites provided, however, that VetCloud cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS.
  4. We encourage you to always verify the license of any such Content before use.
  5. Search Results: VetCloud provides website search tools as a Service on some of the Websites. Those search tools may return Content that is not owned by VetCloud. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.

8.3.

Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted.

You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age.

VetCloud Ltd does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize VetCloud Ltd to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. VetCloud Ltd does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.

9. Disclaimer of Warranties.

To the fullest extent permitted by the applicable law, VetCloud Ltd offers the websites and services as-is and makes no representations or warranties of any kind concerning the websites or services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. VetCloud Ltd does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.

10. Limitation of Liability.

Except to the extent required by applicable law and then only to that extent, in no event will VetCloud Ltd, its employees, officers, directors, affiliates or agents ("the VetCloud Parties") be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the websites or services (or the termination thereof for any reason), even if the VetCloud Parties have been advised of the possibility of such damages.

The VetCloud Parties shall not be responsible or liable whatsoever in any manner for any content posted on the websites or services (including claims of infringement relating to content posted on the websites or services), for your use of the websites and services, or for the conduct of third parties whether on the websites, in connection with the services or otherwise relating to the websites or services.

11. Indemnification for Breach of Terms of Use.

You agree to indemnify and hold harmless the VetCloud Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney's fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the VetCloud Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

12. Privacy Policy.

VetCloud Ltd is committed to handling responsibly the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is hereby incorporated by reference into these Terms.

13. Trademarks.

The Websites and Services may contain trademarks, service marks, logos and other names that are property of VetCloud Ltd and are therefore governed and protected by the applicable state rules and regulations.

14. Termination of this Agreement.

These ToS and any Additional Terms will continue to apply until terminated by either you or VetCloud Ltd. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms or Additional Terms that may apply to any of the Websites or Services.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. Your warranties and indemnification obligations shall survive any termination for one year.

15. Deletion of Documents upon Termination of Service.

Following the Termination Notice of the service agreement, it is the obligation of user to make any required copies of documents and data and/or to transition such customer data to another database or service. Following the termination of the service agreement (and any transition period) described in the service agreement, VetCloud Ltd is authorized to delete all customer data, including any customer data added to the repository by you. VetCloud Ltd will not be liable under any legal theory for any loss or damage caused by the deletion of all customer data or user from the service following the termination of the service agreement (and any transition period) or for any deletions of customer data.

16. Miscellaneous Terms.

These Terms and any Additional Terms are governed by and construed by the laws of the Republic of Bulgaria, in the European Union, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between VetCloud Ltd and you concerning these Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a court of competent jurisdiction sitting in the Republic of Bulgaria, and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and VetCloud Ltd as a result of these Terms, any Additional Terms, or your use of any of the Websites or Services. These Terms and any applicable Additional Terms constitute the entire agreement between you and VetCloud Ltd relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by VetCloud Ltd from time to time) between you and VetCloud Ltd. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

17. Attribution to Creative Commons

These Terms are attributed and licensed under a Creative Commons Attribution 3.0 License

18. Refund Policy

Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your monthly subscription (Free Trial Dominator, Reserve Membership, etc.). Any refund request after the THIRTY (30) DAY time limit will not be processed. You may cancel at any time after the initial THIRTY (30) Days has passed.

19. Effective Date

These Terms of Service are Effective as of December 1st, 2013.