Terms and Conditions- Petable Website & Online Platform

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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 Laws of Delaware, their successors and permitted assigns (“Petable”) and (i) You, as an individual viewer of; or (ii) You, as a Professional User pursuant to the Terms (“You”) by any means accessing, registering and/or using the website https://vets.petable.care/as further defined bellow (“WEBSITE”).

By accessing, viewing, using and/or registering at the WEBSITE (as the case maybe according to the Terms) You accept these Terms. Your registration at the WEBSITE and/or continued usage of the WEBSITE implies reinstatement of Your acceptance of the Terms as amended and in force from time to time.

Should You have any reservations, doubts, objections You should stop viewing, resume and stop accessing and/or registering and/or making any other possible use of the WEBSITE.

Petable reserves the right to change these Terms at any time without prior notice. Any amended Terms will be integrated herein from time to time.

Applicable from October 1st 2017.

 

 

Ownership

WEBSITE means the software and/or compilation of all content included in or made available at/by/through the Portuguese or English versions of the website https://vets.petable.care including but not limited to layout, design, imaging and graphics, page headers, button icons, scripts, trademarks, product and service names and distinctive logos or signs therein or there through, which are all 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 revocable, non-exclusive, limited license to access and make individual, private and not commercial use of the WEBSITE (as a viewer or registered user) not to modify it or any portion thereof, except with express written consent of VNT – Vet Network S.A. subject to You complying in all material times with the Terms.

You shall use the WEBSITE 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 making any possible usage of the WEBSITE.

Without limitation, You shall NOT:

  • Use the WEBSITE 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 WEBSITE or parts thereof by any means;
  • download, copy, use, remove, deface or by any means make use of the Marks, copyright notices, disclaimers or other information displayed in the WEBSITE;
  • use the WEBSITE on public display in a non-domestic context whether profit-oriented or not;
  • sell, resell, lease, rent, or otherwise exploit the WEBSITE, the Marks, the Content or any parts thereof;
  • Alter or modify any part of the WEBSITE other than as may be reasonably necessary to use the WEBSITE 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 so generated with the Content or parts thereof;
  • to infringe (or threaten to infringe) rights of any third parties in respect of or inherent to the Content;
  • to data spy, data spoof or data profiling, to identify, track or analyze WEBSITE’s activity 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 to do so in writing.

FOR THE SAKE OF CLARITY:

Your licensed use of the WEBSITE does not include any resale or commercial use of any Petable’s products or services; any derivative use of WEBSITE or the Content; any use in connection with data mining, robots, or similar data gathering and/or data 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) without Petable’s advanced express written consent.

You may not use any meta tags or any other ‘hidden text’ utilizing Petable’s Content or Marks without Petable’s advanced express written consent.

Petable reserves the right to monitor Your usage of the WEBSITE to verify and enforce compliance with the Terms by You.

The herein license is provided on “as is” basis without representations and/or warranties of any kind and may be terminated at any time by Petable without further notice or remedies available to You. License termination notice may be displayed in a visible area of the WEBSITE or may be sent to the e-mail address You registered in the WEBSITE upon registration. Upon License’s 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 and all consequences, loss or damages arising from the breach by You of the herein Terms.

Professional Users

WEBSITE is intended for collective bodies, companies and/or corporations incorporated and legally existing according to their personal applicable laws and having an activity mainly in the field of veterinary medicine, being lawfully admitted to providing veterinary medical services to the general public whether mainly or incidentally as a veterinarian clinic, hospital or vet care center (You as a “Professional User”).

Professional Users shall be fully responsible for ensuring that they are duly represented by an individual (or group of individuals) with enough binding powers and authority to read and accept these Terms, to register and further manage the Account, the Account Credentials and all of the activity of the Professional User (or in the Professional User’s name) at the/via the or in connection with the WEBSITE.

Petable does not verify or validate the legal existence and good standing of Professional Users nor does it check representation rights of anyone claiming to be the legal representative of a Professional User.

Professional Users shall adopt organizational, procedural and technological measures to predict, safeguard, monitor and actively protect and defend themselves from unauthorized internet activity in their own name and/or on their behalf (if any) and shall remain fully liable for the consequences of any online corporate presence and/or activity in their own name whether at the/ via the or in connection with the WEBSITE or otherwise.

Professional Users shall defend and hold Petable harmless from any and all consequences, loss or damages arising from the breach of any of the foregoing.

Registration Procedure – Your (Professional User) Account

As a pre-condition to actually access certain Content or subscribe/purchase any services or products made available at the WEBSITE, Professional Users will be asked to register an account at the WEBSITE and to provide Professional User’s name and corporate email account along with Professional User’s contact person’s email account.

THE INFORMATION PROVIDED MUST BE ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES. USE OF INFORMATION OF ANOTHER PERSON OR ENTITY OR IMPERSONATION OF ANOTHER PERSON OR ENTITY TO REGISTER A PROFESSIONAL USER AT THE WEBSITE IS STRICTLY PROHIBITED. PROFESSIONAL USERS MAY ONLY USE INFORMATION THAT IS LAWFULLY AVAILABLE TO THEM OR UNDER THEIR RIGHTFULL CONTROL AND/OR MANAGEMENT TO THE EFFECTS OF THEIR BUSINESS ACTIVITY.

Without prejudice for any and all other remedies available in Law, breach of the foregoing may result in Professional User being banned from the WEBSITE and/or access being delayed or denied at no further remedy to the Professional User.

Please review Petable’s Privacy Policy here for further information.

Your (Professional User) Account Credentials

When a Professional User is registered an Account at the WEBSITE it will be asked to choose a User ID (“Username”) and a password to login and navigate the WEBSITE, which will be confirmed by e-mail (“Account Credentials”). Professional User will manage at its sole discretion (possibly changing passwords, for instance) and shall keep in strict secrecy and will not show, entrust, deposit or share to/with any third parties.

Professional Users are fully accountable and responsible for restricting access to their premises, networks, systems, applications, data, computers and any other devices, and shall be liable for all their online activity at, via or through the WEBSITE or otherwise along with any activity under Professional User’s Account and use of Account Credentials. You – as a Professional User – shall maintain adequate organizational, procedural, technological levels of security and protection of Your Account and Account Credentials and You agree to inform Petable in case any of the latter is (in effect or threatened to be) stolen, copied or abusively accessed and/or used by anyone other than You. You will on such cases refrain from further continuing to use the WEBSITE and Petable may (though not be obliged) to reinstate security of Your Account and/or Your Account Credentials, opt to provide You with different ones or remove Your Account at no further remedy to You.

Individual Users and Minors

WEBSITE, Content and any products or services available at the WEBSITE ARE NOT INTENDED FOR INDIVIDUALS IN GENERAL NOR INDIVIDUALS UNDER AGE OR LEGALLY UNABLE (“Minors”).

WEBSITE, Content and any products or services (if any) are directed to Professional Users only.

Individuals may be admitted to the WEBSITE only as viewers of the WEBSITE and Minors will be admitted only to such same extent provided however that:

  • WEBSITE has no means to track, profile and/or identify unregistered users by their age or otherwise and therefore has no means to detect whether a viewer is a Minor or not;
  • Any and all activity of a Minor with the/ at the or via the WEBSITE shall be regarded as the activity of an adult or the supervised activity and interaction of a Minor under supervision of his/her legal guardian or parent;
  • Parents or legal guardians of a Minor shall remain fully liable at all times for the Minor’s conduct online and in particular whilst a Minor may access, view and/or make any use of the WEBSITE in breach of the herein Terms or otherwise infringe the Laws;
  • Individuals – whether or not Minors – impersonating or otherwise simulating to be a Professional User – as the same is defined herein – to register and make a professional use of the WEBSITE will be banned from the WEBSITE subject to further civil and/or criminal action – as/if applicable- and subject to full liability before Petable and any third parties for the consequences arising there from and any and all loss or damages so caused;
  • WEBSITE’s Content is not age classified nor segregated or displayed in accordance to audience age, sensitivity or maturity and therefore PARENTAL VIEWER’s DISCRETION IS ADVISED IN ALL MATERIAL TIMES.

 

Petable’s Intellectual Property

The WEBSITE 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

petable_logo_nomargins

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 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 connection with any property that is not Petable’s or licensed to Petable nor in any manner that is likely to cause confusion, or in any manner that disparages or discredits Petable, its products or services or those of its Licensors.

ALL RIGHTS IN RELATION TO CONTENT AND MARKS DISPLAYED AT THE WEBSITE ARE RESERVED TO PETABLE AND/OR ITS LICENSORS.

ALL TRADEMARKS NOT OWNED BY OR LICENSED TO PETABLE THAT MAY APPEAR IN AND/OR VIA THE WEBSITE 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 FULLY DISCLAIMING ANY AND ALL LIABILITY IN RESPECT THEREOF OR IN CONNECTION THERE WITH TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

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.

 

Petable takes intellectual property of others seriously. If You believe that You or Your protected work was copied in a way that constitutes copyright infringement, please let us know at hello@petable.com.

 

Your Content

You may upload reviews, comments, photos, videos, make suggestions, disclose ideas, pose questions, or any other information into certain areas of the WEBSITE; You may also be granted means to send e-cards and other communications through the WEBSITE or with resource to any functionality, feature made available at the WEBSITE; 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 WEBSITE 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 including Uploaded Content or Your Content.

 

Participation in Forum or Discussion Groups

Please bear in mind that INFORMATION YOU DIVULGE IN A WEBSITE, PLATFORM OR AREA WHETHER ON THE WEBSITE OR ELSEWHERE ONLINE IS POTENTIALLY AVAILABLE TO ANYONE.

Petable has no technical, organizational or procedural means to prevent or avoid Your information from being disclosed, viewed or accessed by any person or entity being present at a discussion group or forum promoted, managed or under the supervision or coordination of Petable.

DO NOT PROVIDE PERSONAL, CONFIDENTIAL OR ANY OTHER INFORMATION THAT YOU WOULD NOT WANT TO BE DISSEMINATED OR PUBLICLY AVAILABLE AND POSSIBLY BECOME OUT OF YOUR CONTROL WHETHER IN ANY AREA OF THE WEBSITE, IN ANY FORUM OR DISCUSSION GROUPS OR ELSEWHERE IN THE INTERNET.

Advertising

The WEBSITE may contain advertising from third party providers out of Petable’s control which may not be suitable for all ages.

Petable may on its own insert and/or manage advertisement adds in the WEBSITE 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 WEBSITE and in some other cases after the elapsing of some viewing time.

Your viewer discretion is advised.

Links to other websites

Petable may provide links to the websites of affiliated companies and/or certain other Petable’s business partners or even sites that have no affiliation or connection whatsoever with Petable just because Petable may find them useful or interesting to You. Any such websites are not maintained by Petable and Petable has no responsibility for their content, terms of use or privacy policies.

Please surf responsibly and check the data privacy policies, disclaimers, advertisements, legal notices, representations and warranties, sales conditions and/or any other terms and conditions of use in force at such websites prior to proceeding with access, registration or any other use of them and/or prior to disclosing Your information or completing any online purchasing.

Please be aware that Petable is not responsible for examining or evaluating businesses and/or verifying their conformity with any Laws.

Petable does not make any representations or provides any warranty as to the services, products, commercial advertisements, promotions or any other information provided by, announced by or made available by companies or businesses other than Petable whether at their websites, applications or elsewhere.

Access and usage by You of any Third-Party websites shall be at Your sole responsibility and discretion.

WEBSITE Services – Disclaimer

Petable attempts to be as accurate as possible in all material times as to the correct scope of the services it provides to You through the WEBSITE (if any). However, Petable does not warrant that any advice, services or Content were, are and will be accurate, complete, reliable, current or error-free.

PETABLE’ SERVICES (INCLUDING ANY ADVICE IN RESPECT OF THE LIFE, WELLBEING OR HEALTHCARE OF ANY ANIMALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

PETABLE’ SERVICES DO NOT CONSTITUTE AND SHALL NOT BE INTERPRETED AS MEDICAL ADVICE, DIAGNOSIS OR THERAPEUTICAL TOOL NOR AS A REPLACEMENT OR SUBSTITUTE OF MEDICAL CONSULTATION WITH YOUR HEATH CARE PRACTITIONER.

 

HEALTHCARE SERVICES PROVIDED BY CLINICS AND VETERINARY PRACTITIONERS AS WELL AS ANY SERVICES OR GOODS BEING PROVIDED BY PETABLE’S PARTNERS SHALL BE THE AT THE SOLE LIABILITY OF SUCH PROVIDERS AND/OR RETAILERS.

 

PETABLE FULLY DISCLAIMS ANY AND ALL LIABILITY IN RESPECT THEREOF OR IN CONNECTION THEREWITH.

Warranty Disclaimer and Limitation of Liability

THE WEBSITE, CONTENT AND PETABLE SERVICES ARE PROVIDED TO YOU ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. PETABLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS, USE OR OPERATION OF THE WEBSITE. PETABLE DOES NOT WARRANT THAT WEBSITE WILL RUN UNINTERRUPTEDLY OR ERROR-FREE NOR THAT THE WEBSITE IS AND/OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. PETABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY OF THE WEBSITE OR ANY OF ITS PARTS AND COMPONENTS.

PETABLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING ALLEDGEBLY FROM THE USE OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.

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 WEBSITE, 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 and You agree to cooperate with such defense from these claims.

 

 

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/OR 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.