3. About our Service and our role
- The Service is only for general practice veterinary surgeons with a valid practicing certificate acting in the course of a business or profession. It is not suitable for consumers or minors. So, each time you use our Service, you represent and warrant to us that you are an adult and that you are using our Service in the course of your business or profession. If that representation and warranty is, or becomes, untrue, we will be entitled to terminate your account immediately.
- We aim to update the Service regularly, and may change Content at any time. If the need arises, we may suspend access to the Service or close it indefinitely. Although we aim to ensure that Content is accurate, any Content may be out of date at any time, and we make no guarantees as to the accuracy of Content at any given time.
5. Your responsibilities as a User
- When you create an account with us, we ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on our Service using your account.
- We also ask you to provide us with certain information about you, such as your name, phone number and your email and postal addresses. That information must be true, complete and current, and you must ensure that you keep it up to date. You may not create an account with us using an assumed name or someone else’s identity.
- We own or are licensed to use the intellectual property rights related to the Service, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with these Terms for as long as your account remains active. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted by this clause 3.
- You must not use our Service for any unlawful purpose or in a way that would breach any professional rules or guidance. We reserve the right to monitor your use of the Service to ensure it is used lawfully.
- All Content is for your sole use and will not be shared with anyone who is not a registered User.
9. Our rights and responsibilities generally, and our liability to you
- We operate the Service. We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Service, and we will perform the Service using reasonable skill and care. The Service is provided “as is” without warranty to the maximum extent permitted by law. We will not be liable to make any updates or changes to the Service. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into these Terms by operation of law are excluded to the fullest extent permitted.
- We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.
- We will update and maintain the Content as we deem necessary from time to time. All Content available via the Service is provided as guidance only and is not intended to amount to medical advice for any of your patients on which reliance should be placed. We do not have knowledge of your patients’ state of health and although the Content is intended to provide general information which may be of interest to you, we cannot guarantee that the Content is suitable for any one of your patients. We therefore disclaim all liability and responsibility arising from any use of, or reliance on, any Content by a User.
- You shall indemnify us from and against any Loss incurred by us as a result of or in connection with any action, demand or claim in connection with all third party claims made in connection with your use of the Service and your use of or reliance on the Content.
- In order to ensure that our risk is maintained at a level that is commercially viable, and in line with the limited Subscription Fee which we charge for the Service, our liability to you is limited or excluded as follows:
- nothing in these Terms will limit or exclude our liability for fraud, fraudulent misrepresentation or any other matter which it is unlawful to limit or exclude;
- we will have no liability to you for any loss of revenue, loss of opportunity, loss of profit, increased cost, replacement cost, account of our profit, loss of or damage to reputation or loss of or damage to data, nor for any indirect or consequential loss;
- we will have no liability to you in respect of any injury to or death of any of your patients (either in connection with any Content relied on in connection with your use of the Service, or otherwise); and
- otherwise, our total liability to you arising under or in connection with these Terms or the Service, regardless of the legal theory of liability, is limited to an amount equal to the Subscription Fees paid to us by you in the 12 months preceding the event (or last in the series of events) giving rise to such liability.
- We may suspend or terminate your account with us immediately:
- if you breach these Terms;
- if we reasonably believe it is necessary to protect our interests or those of other Users;
- if you become bankrupt or insolvent; or
- if you die or otherwise become incapable of performing your obligations under these Terms.
11. Other important terms
- These Terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
- No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these Terms.
- These Terms are the terms of a contract whereby we provide you with access to our Service in return for a Subscription Fee. Nothing in these Terms will create any relationship of partnership, agency or employment between us.
- No waiver of any of these Terms will be valid unless we agree it in writing.
- Neither party will have any liability for its failure to perform its obligations under these Terms if and to the extent that failure is caused by a reason beyond its reasonable control.
- These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.