KwikVet is a mobile application (the “Application”) owned by KwikVet Inc. (“KwikVet”). Use of the Application and our website at www.kwikvet.com (collectively, the “Services”) is governed by the terms and conditions of this Agreement. Although accessible by others, the Services (which include content) are intended for access and use only by U.S. customers. Please read these terms and conditions of use (the “Agreement”) carefully before accessing or using the Services. Throughout this Agreement, KwikVet is referred to as “we” or “us.”
General Terms and Conditions
If we need to change the terms of this Agreement in the future, we will post the revised Terms and Conditions of Use through our Application or website and update the “Last Revised” date below, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.
What Service does KwikVet Provide?
KwikVet is designed to enable you to obtain consultations and treatment for common veterinary conditions by facilitating the connection between you and nearby veterinary professionals through the use of the Application. Due to various operational reasons, including peaks in demand, Kwikvet makes no guarantee whatsoever that service will be available at all times or at all locations.
KWIKVET IS NOT ENGAGED IN THE PRACTICE OF VETERINARY MEDICINE, IT DOES NOT ITSELF PROVIDE VETERINARY SERVICES OF ANY KIND, AND THUS IT IS NOT A VETERINARY PROVIDER REQUIRED TO BE LICENSED. BY CONTRAST, THE VETERINARY PROFESSIONALS WITH WHOM YOU CAN ESTABLISH A TREATMENT RELATIONSHIP THROUGH KWIKVET HAVE REPRESENTED TO KWIKVET THAT THEY ARE FULLY LICENSED AND AUTHORIZED TO PROVIDE VETERINARY SERVICES IN YOUR JURISDICTION. THESE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR PROVIDING YOU WITH VETERINARY SERVICES AND EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENTLY AT ALL TIMES. KWIKVET ONLY ACTS AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH THESE VETERINARY PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH VETERINARY SERVICES.
How to Use the Application?
To use the Application, you first need to sign up with KwikVet. When signing up, you must provide us with certain information, such as your name, address, mobile phone number and payment information. Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password.
You have to be 18 years of age or older and reside in a jurisdiction in which we offer the Application to use the Application. If you reside in a jurisdiction that restricts the use of the Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Application. You represent that you are of legal age to enter into a binding contract.
The Application is designed to enable you to send a request for non-emergency veterinary in-home consultation services to a veterinary professional. The GPS receiver – which should be enabled on the mobile device on which you have downloaded the Application – detects your location. The Application identifies to you veterinary professionals who have engaged us to help them connect with prospective clients like you. You will be able to see the profile of the veterinary professional who has accepted to perform veterinary services for you before such professional arrives to your home. You will be able to cancel the request if for any reason you feel that such professional is not a good fit for the needs of your pet. In that event. KwikVet will attempt to offer you an alternative. Upon the veterinary professional arriving to your location and performing services on your pet, the Application will bill you on behalf of the veterinary professional.
GIVEN THE VARIABILITY OF SUPPLY AND DEMAND AND OTHER CONDITIONS BEYOND OUR CONTROL, KWIKVET MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT A VETERINARIAN WILL BE AVAILABLE TO SERVE YOU AT ALL TIMES.
Your Use of the Services
You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. KwikVet is not liable if you do not have a compatible device or if you download the wrong version of the Application.
By accessing or using the Services, you further agree that:
You will only use the Services for your sole, personal use and you will not resell them to a third party;
You will not copy or distribute the Services or other Services content
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
You will not use the Services for any purpose in violation of local, state, federal or international laws;
You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
You will not impersonate another person;
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
You will ensure that no unauthorized person shall have access to your mobile device or your KwikVet passwords or accounts;
You will promptly notify us in the event your KwikVet passwords or accounts have been compromised;
You will not assign or otherwise transfer your account to any other person or entity;
You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
You will provide us with whatever proof of identity we may request.
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules. You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.
Our Right to Use User-Provided Content
We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
You acknowledge that KwikVet only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
You agree to indemnify and hold harmless KwikVet, KwikVet’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.
There is no charge to register with us or download the Application on your mobile device. You are charged only when you actually use the Services by scheduling a consultation with a health care professional. In order to ensure a consistent customer experience, KwikVet sets the fees for visits, supplies and other services.
ALL YOUR PAYMENTS NEED TO BE MADE THROUGH THE APPLICATION. PLEASE REPORT IMMEDIATELY TO US IF ANY VETERINARY PROFESSIONAL REFERRED TO YOU VIA THE APPLICATION ATTEMPTS TO CHARGE YOU FOR ANY SERVICE OR SUPPLY OUTSIDE OF THE APPLICATION. We process all payments on behalf of the veterinary professionals. A portion of the payments is retained by us to support the functioning of the Services and Application.
The rates that apply for the services and supplies provided by the veterinary professionals can be found on our website or through the Application. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the veterinary services and supplies made available through the Application, at the time you decide to use them.
KwikVet shall, on behalf of the veterinary professional, charge you for the services and supplies provided to you by that professional. You agree that you will pay for all services and supplies you receive from the veterinary professional, and that KwikVet may charge your PayPal or credit card account, as provided by you when registering for the Services, for the veterinary services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing KwikVet with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable, unless otherwise authorized by KwikVet as a courtesy to you as a client.
At present we do not process any insurance claims, nor will the veterinary professionals process claims on your behalf. Although the consultations/treatments you receive from veterinary professionals through the Application may or may not be covered by your insurance, it is solely up to you to contact your pet insurance plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your insurance for part or all of the cost.
Intellectual Property Ownership
KwikVet alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by KwikVet, and/or, as applicable, KwikVet’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to KwikVet any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by KwikVet. KwikVet’s name, logo and the product names and logos associated with the Services are trademarks of KwikVet, its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Subject to your compliance with the terms and conditions of this Agreement, KwikVet grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
The Services are solely designed to enable you to obtain at-home veterinary consultations and treatment for common veterinary conditions by facilitating the connection between you and nearby veterinary providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, PROFESSIONAL VETERINARY ADVICE, DIAGNOSIS OR TREATMENT. The services provided in the Application are here to help connect you to nearby veterinary providers only. Any information contained in the Services should not be relied upon as the basis of any health-care decision. The Services do not constitute the practice of any veterinary or other professional advice, diagnosis or treatment.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING VETERINARY ADVICE FROM OTHER QUALIFIED VETERINARY PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A VETERINARY EMERGENCY, PLEASE CALL OR RUSH TO OBTAIN EMERGENCY VETERINARY HELP.
We do not control, supply, endorse, warrant or guarantee the professional judgment of the veterinary providers that you may connect with via the Services. We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM VETERINARY PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL KWIKVET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY VETERINARY PROVIDER THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MALPRACTICE AGAINST THOSE VETERINARY PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF KWIKVET FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE AND MALPRACTICE, OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF KWIKVET WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICES OR SUPPLIES.
You agree to indemnify and hold harmless KwikVet, KwikVet’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Modifications or Discontinuation of Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed through the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 16192 Coastal Highway, Lewes, Delaware 19958, Attn: Copyright Agent, or by email to email@example.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Services; (3) your contact information, including your address, telephone number, and, if available, email address or other electronic address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our website or through the Application.
This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflicts of law provisions contained therein.
This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.