This document sets out the terms and conditions (the “Terms”) between VNT- Vet Network, S.A., a company incorporated and existed according to the Laws of Portugal, Company’s Identification number 510784798, its affiliates including VNT Inc., a United States corporation incorporated and existing according to the Federal Laws of Delaware, their successors and permitted assigns (“Petable”) and You the registered user of Petable’s mobile application (iOS or Android versions as updated from time to time) (hereinafter “APP”).
By downloading, installing and signing up on the APP You accept these Terms. Should You have any reservations, doubts, objections You should stop using the APP, resume and uninstall the APP from Your device. Your continued access and use of the APP implies the acknowledgement and reiterated acceptance of these Terms as amended and in force from time to time.
Petable reserves the right to change these Terms at any time without prior notice. Any amended Terms will be integrated herein.
Applicable from October, 1st, 2017.
Ownership
The compilation of all content included in or made available through the APP, including the software, the layout, design, imaging and graphics, page headers, button icons, scripts, and product and service names included in or made available through the APP are either owned or used by Petable under license of one or more third party partners (“Licensors”) and may be subject and protected by several national and international laws.
Your Limited License
Subject to Your compliance with these Terms in all material times VNT – Vet Network S.A. grants to You a limited license to access and use this APP not to modify it or any portion thereof, except with express written consent of VNT – Vet Network S.A.
You shall use the APP in a rightful manner and shall refrain from any usage that is or may be considered detrimental or harmful to the rights of Petable or any third parties.
You undertake to comply with all Laws while accessing and using the APP.
In particular and without limitation, You shall NOT:
- Use the APP or parts thereof to conduct an illicit activity (even if only by negligence or lack of a reasonable degree of care);
- copy, reproduce, duplicate, share, mime or mirror the APP by any means;
- download, copy, use, remove, deface or by any means make use of the Marks, copyright notices, disclaimers or other information displayed;
- use the APP on public display in a non-domestic context whether profit-oriented or not;
- interconnect, sell, resell, lease, rent, or otherwise exploit the APP, the Marks, the Content or any parts thereof whether directly or indirectly;
- Alter or modify any part of the APP other than as may be reasonably necessary for You to make proper use of the APP in accordance to the Terms.
Without limitation You must not use the Content:
- to generate another content – regardless the resemblance or similarity level of the new content whilst compared to the Content-;
- to infringe rights vesting on or inherent to Content;
- to data spy, identify, profile or track APP’s activity and that of its visitors regardless of the purposes of such activities;
- to use or share Content in connection with any business or professional activity (whether profit or pro bono) brands, products or services (whether priced or free), ideas, beliefs, causes or thinking models of Your own or any third parties unless Petable authorizes You or clearly instigates You to do so in writing.
FOR THE SAKE OF CLARITY:
Your licensed use does not include any resale or commercial use of any of Petable’s products or services; any derivative use of APP or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Petable without Petable’s advanced express written consent.
You may not use any meta tags or any other ‘hidden text’ utilizing Petable’s names or Marks without Petable’s advanced express written consent.
Petable reserves the right to monitor Your usage of the APP to verify and enforce compliance with the Limited License granted to You.
The herein license is provided on “as is” basis without warranties of any kind and may be terminated at any time by Petable without further notice or remedies available to You in respect thereof. License termination notice may be displayed in a visible area of the APP or may be sent to the e-mail address registered in the APP. Upon License termination You shall destroy and erase all Content regardless of the media in which such Content was recorded (v.g. paper printed, digital media).
You shall defend and hold Petable harmless from any consequences arising from the breach by You of the herein Terms.
Minors
APP, Content and any products or services available at the APP are not intended for under aged or legally unable users (“Minors”). Minors may be admitted to login and use the APP only when supervised by a parent or legal guardian. On such a case any interaction of a Minor with the APP shall be regarded as supervised activity and interaction of that Minor by his/her legal guardian or parent.
Parents and legal guardians shall remain vigilant at all times and shall be fully liable for the Minor’s conduct whilst accessing and using the APP and/or for any and all consequences arising there from.
Your Registration and Your Credentials
As a pre-condition to actually access Content or to leverage User Experience You will be asked to Sign Up at the APP. On such a case You will be asked to provide registration information consisting of Your name, email account, country of origin and state. THE INFORMATION YOU PROVIDE MUST BE ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES. YOU MUST NOT USE INFORMATION OF ANOTHER PERSON OR ENTITY OR IMPERSONATE ANOTHER PERSON OR ENTITY. You may only USE INFORMATION THAT IS LAWFULLY AVAILABLE TO YOU FOR YOUR OWN USE. Without prejudice for any and all other remedies available in Law, breach by You of any of the foregoing may result in You being banned from the APP or Your access to the APP being denied at no further remedy to You.
Please review Petable’s Privacy Policy here as such complements these Terms and is considered as incorporated herein for all due legal effects.
When You register at the APP your username will be your email account, from now on defined as User ID (“Username”) and a password to login and navigate the APP (“Account Credentials”). You will keep Your Credentials in strict secrecy and You will not show, entrust, deposit or share them with any third parties. You are fully accountable and responsible for restricting access to Your devices, and You agree to accept responsibility for all activities that occur under Your account including any and all use of Your Credentials. You shall maintain adequate levels of security and protection of Your Credentials and You agree to inform Petable in case You suspect Your Credentials were stolen, copied or abusively accessed and/or used by anyone other than You. You will on such cases refrain from continuing to use the APP and Petable may effort (though not obliged) to reinstate security of Your Account by delivering You new Credentials, at no further remedy to You.
Corporate Users
APP is directed and aimed at individuals owning or guarding one or more domestic animals (“Pet Owners”), not companies, associations or corporations whatsoever (“Moral Person”).
If You are a Moral Person please bear in mind that Petable does not verify or validate Your legal existence as such nor it checks representation rights of any individual claiming to be Your representative to register an account, access and/or use the APP.
Whenever a Moral Person is by any possible means registered at the APP, Petable will assume such Moral Person as a Pet Owner and Terms herein shall apply to such Moral Person.
You, as a Moral Person, shall adopt organizational and governance measures to supervise internet activity in Your name (if any).
Moral Persons shall be fully liable for the consequences of their presence in the internet and for the use made in their name at the/ with/through the APP along with the use of any Content.
Professional Users
In addition to and notwithstanding the foregoing, professional users in the veterinarian practice may exclusively register at the www.petable.care website. Additional terms and conditions as amended and in force from time to time at the Website will apply.
Petable’s Intellectual Property
The APP may contain, share or disclose advice in respect of the life, wellbeing, healthcare, nutrition, animal characteristics, socialization, training and/or temper of Your pet, posts, news, informative documents, explanations, advisory boards and maps, photographs, videos, music or any other possible content to interact with You as an owner or guardian of one or several domestic animal/s (“Content”).
The original tradename and logo as shown
Along with associated corporate signatures:
A vida deles nas suas mãos – Petable
Petable – Acompanhe de perto a vida do seu animal
(PT version)
AND
Their life in your hands – Petable
Petable- Keep track of your pet’s life
(ENG version)
are protected under one or more copyright and intellectual property laws being either owned and/or licensed to Petable (“Marks”).
Marks must not be used by You unless Petable authorizes You in writing beforehand. Marks must not be used in association and/or connection with a product or service that is not Petable’s, in any manner that is likely to cause confusion or misunderstanding, or in any manner that disparages or discredits Petable, its products or services.
ALL RIGHTS IN RELATION TO CONTENT AND MARKS ARE RESERVED TO PETABLE AND/OR ITS LICENSORS.
Except as provided for herein nothing in these Terms shall be read or interpreted so as to convey to You or any third parties any rights of ownership in respect of or related to Content or Marks nor any right or license is granted to You by any means to use Content or Marks.
All other trademarks not owned by Petable that may appear in the APP from time to time are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Petable.
Petable takes intellectual property of others seriously. If You believe that You or Your protected work was displayed and/or copied at the APP in a way that constitutes copyright infringement, please let us know at [email protected]
Your Content
You may upload reviews, comments, photos, videos, make suggestions, disclose ideas, pose questions, or any other information into the APP; You may also send/receive communications through the APP; PROVIDED THAT:
- Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of the rights of any third parties (including image, intellectual, copyright or publicity rights), otherwise injurious to third parties or objectionable;
- Content does not consist of or contain software viruses, political content, commercial solicitation, chain letters, mass mailings, or any other forms of “spam” or unsolicited marketing or promotional materials;
- Content does not include personal data of any individuals being unlawfully used by You in breach of any Data Privacy Laws;
- You do not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content
(“Your Content”).
You grant to Petable a nonexclusive, perpetual, worldwide, royalty-free, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, share and/or display Your Content or parts thereof throughout the world in any media.
You represent and warrant to Petable that any and all content uploaded, displayed, disseminated by You into or via the APP including Your Content (“Uploaded Content”) shall be in compliance with all Laws and will not be in conflict with the herein Terms; that you own or otherwise control all of the rights to such Uploaded Content; that Uploaded Content is accurate; that use of Uploaded Content does not violate the rights of any third parties and will not therefore cause or co-cause damage or loss to anyone; and that you will indemnify and hold Petable harmless for any and all claims resulting from or in connection with a breach by You of the herein Terms.
You are fully liable for Your Content and Uploaded Content in all material times and Petable takes no liability in respect thereof or in connection there with.
Petable has the right but not the obligation to monitor and edit or remove any content from the APP including Uploaded Content or Your Content.
Participation in Forum or Discussion Groups
Please bear in mind that INFORMATION YOU DIVULGE ONLINE – INCLUDING WITHOUT LIMITATION IN/THROUGH ANY SOCIAL MEDIA, APP, PLATFORM, FORUM, DISCUSSION GROUP OR WEBSITE – IS POTENTIALLY AVAILABLE TO ANYONE.
Petable may have no technical, organizational or procedural means to actually anticipate, prevent or avoid Your information from being disclosed, viewed or accessed by any UNINTENDED RECIPIENT being by any means present or observing online activity.
PLEASE DO NOT PROVIDE PRIVATE, CONFIDENTIAL OR ANY OTHER INDIVIDUAL INFORMATION THAT YOU WOULD NOT WANT TO BE PUBLICLY AVAILABLE OR OUT OF YOUR CONTROL WHETHER IN THE APP, IN ANY FORUM OR DISCUSSION GROUPS OR ELSEWHERE IN THE INTERNET.
Advertising
The APP may contain advertising from third party providers and Petable’s partners which may not be suitable for all ages.
Petable is not liable for any content, activities, goods or services, announced and/or displayed, promised or provided by third parties other than Petable even though they may be displayed or announced in Petable’s SITES or through Petables’s SITES (whether the Website or the APP).
Petable may on its own insert and/or manage advertisement adds in the APP at any time and at its discretion.
You will be able to ignore any advertisement adds in certain cases as the same show at the APP and in some other cases after the elapsing of some viewing time.
Your viewer discretion is advised.
Links to Third-Party APPs
Petable may suggest links to other sites of companies and/or certain business partners or even sites that have no affiliation or connection whatsoever with Petable (“Third-Party sites”) simply because Petable may find them useful or interesting to You in Petable’s own and sole discretion and criteria.
Please be aware that Petable is not responsible for examining or evaluating Third-Party sites nor their related activity or businesses. Petable does not verify the compliance of Third-Party sites or their related activity or businesses with any Laws.
Petable provides no representations or warranties as to the services, products, content, advertisements, promotions or any other materials or information displayed on Third-Party sites nor in respect of companies or businesses they refer or relate to.
Please surf responsibly and check the privacy policy, warranty policies, sales conditions and/or any other conditions of use that may apply to Third-Party sites prior to accessing and using them and/or prior to divulging any of Your personal data or confidential information therein or there through.
Access and usage by You of any Third-Party sites shall be at Your sole responsibility and discretion.
Warranty Disclaimer and Limitation of Liability
PETABLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE QUALITY, QUANTITY, RELIABILITY, ADEQUACY, AVAILABILITY, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PURPOSE WHATSOEVER, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS, USE AND/OR OPERATION OF THE APP AND/OR THE CONTENT.
THE APP IS PROVIDED BY PETABLE ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS.
PETABLE DOES NOT WARRANT THAT APP WILL RUN UNINTERRUPTEDLY OR ERROR-FREE NOR THAT THE APP IS AND/OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
PETABLE’S CONTENT – INCLUDING BUT NOT LIMITED TO THAT IN RESPECT OF THE LIFE, WELLBEING, HEALTHCARE, NUTRITION, TRAINING, SOCIALISATION OR ANY OTHER ASPECTS OF YOUR PET’S LIFE – IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
PETABLE’S CONTENT IS NOT INTENDED TO REPLACE OR SUBSTITUTE THE CONSULTATION, ADVICE AND SURVEILLANCE OF A PROFESSIONAL HEALTHCARE PRACTITIONER.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND THE CONTENT SHALL BE AT YOUR OWN DISCRETION AND RISK.
PETABLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING ALLEDGEBLY FROM THE USE OF THE APP OR CONTENT.
WHERE ANY LAW MANDATES THAT LIABILITY MAY NOT BE LIMITED OR EXCLUDED THE AFOREMENTIONED DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
Indemnification
You agree to defend, indemnify and hold Petable, its affiliates and their respective directors, officers, employees and agents harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the APP, the Content, the Marks, arising from any information that You provide, the violation of any Laws, of these Terms or the rights of any person or entity. Petable reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify pursuant to the herein Terms and You agree to cooperate with Petable in respect thereof to the maximum reasonable extent possible.
Governing Laws
These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal.
Disputes resolution
Any claims arising from or in connection with these Terms and involving Petable and any of its affiliates shall be exclusively submitted and resolved by resolved by the Civil Courts (Comarca) of Lisbon (Portugal).
You and Petable expressly agree to the aforementioned disputes resolution clause upon waiver by You and Petable of any other forum or disputes resolution ways such as mediation or arbitration.