USE OF THIS SERVICE IS NOT FOR EMERGENCIES. IF YOUR PET HAS A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR PET’S CARE OR TREATMENT, PLEASE GO TO THE NEAREST OPEN VETERINARY CLINIC OR VETERINARY HOSPITAL.
In order to use our Services, you must be at least age of majority in your jurisdiction of residence and have the capacity to form a legally binding contract with PetHarmony. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the Services on behalf of such entity or on behalf of any other person or entity.
The Terms are divided into the following sections, which can be accessed by clicking on the hyperlinks below. Unless otherwise indicated, all sections of these Terms apply to all users.
1. Our Services
The Site is an online marketplace that allows Vets to provide veterinary telemedicine consultations to Clients for their Pets where such services are permitted by law. Vets may also, at their discretion and where allowed by law, prescribe any medication they deem to be medically appropriate based on the pet’s medical needs, which can be filled by Clients using PetHarmony’s online pharmacy service "PetHarmonyRx Online Pharmacy" in those states where such services are permitted by law. PetHarmonyRx Online Pharmacy prescriptions are shipped based on the shipping option selected at the time the order was placed and are subject to the terms and conditions of PetHarmony and/or the shipping provider.
Saver - guaranteed within 2-4 business days - Order cut-off time is 12:00 PM CST.
Express - guaranteed within 2 business days - Order cut-off time is 2:00 PM CST.
Next day - guaranteed next business day - Order cut-off time is 2:00 PM CST.
Orders received after the cut-off time indicated above will be processed and shipped out the next business day and the guaranteed delivery expectation will start then.
PetHarmonyRx shipping does not currently operate on weekends.
PetHarmonyRx Cancellation Policy: Once a PetHarmonyRx medication order has been dispensed and prepared for shipping, it cannot it be cancelled or refunded.
PetHarmony’s Services do not include the provision by PetHarmony of veterinary services, telemedicine or any other professional services. PetHarmony is a technology service provider that provides content and facilitates access to others that may provide veterinary telemedicine and pharmaceutical services. The Vets that Clients may access via the Site are not employees or agents of PetHarmony and are not credentialed or endorsed by PetHarmony. PetHarmony does not have any oversight of the care provided to Pets or Clients by Vets. Each Vet is an independent licensed practitioner who is solely responsible for any veterinary telemedicine or other services provided to Pets and Clients, and is also solely responsible for obtaining Client’s informed consent, where required, to any veterinary treatment for Pets.
PetHarmony is not a party to any agreement or other transaction between users of the Site and alters no veterinary services or advice. This is true even if the Site offers online appointment booking, facilitates payment, or provides other tools or services to allow users to communicate with each other and enter into agreements or other transactions with each other. From time to time, the user may be required to enter into one or more separate agreements, waivers or terms and conditions before obtaining veterinary telemedicine services for which PetHarmony has no legal obligation or responsibility.
Vets agree that they are solely responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Vets further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to veterinary telemedicine and the conduct of their veterinary practice, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to data and privacy, or license requirements, as applicable in the jurisdiction which they perform services. From time-to-time PetHarmony may be legally obligated to provide information relating to a Vet’s listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
The content on the Site is not a substitute for individual veterinary advice, diagnosis, or treatment. You should always talk to a licensed veterinarian or other regulated veterinary professional for diagnosis and treatment about your pet, including information regarding which drugs or treatment may be appropriate for your Pet. Never follow anything learned on this site over the direction of your regular veterinary service provider.
PetHarmony assumes no liability or obligation to present fraud by users of this site.
2. Account & Identity Verification
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities that occur under your Account. You may not use the Account of any other. You agree to immediately notify PetHarmony of any unauthorized use of your password or username or any other breach of security and to select a new user ID and password. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your user ID and password and take any other related action as we may reasonably request within three business days.
PetHarmony is not liable for any loss or damage arising from your failure to comply with the above requirements. Each user acknowledges and agrees that: (a) neither PetHarmony nor any of our affiliates will have any liability to any user for any unauthorized transaction made using your user ID or password; and (b) the unauthorized use of your user ID and password for your Account could cause you to incur liability to both PetHarmony and other users.
User verification on the Internet is difficult and we do not assume any responsibility for, the confirmation of each user’s purported identity. We further direct our users to take other reasonable measures to assure yourself of the other person’s identity at all times while using the site.
There is no guarantee that you will be accepted as a registered user of the Service provider by PetHarmony. We reserve the right to deny you access to the Services or any part thereof. We may also do so if we reasonably believe you are in breach of these Terms or your Account has been or may be used by an unauthorized person. Users are permitted to have only one account per individual. We reserve the right to suspend any account for investigation with respect to compliance with these Terms and to terminate any account where we find that the account is being used in breach of these Terms.
Further, we may, without notice to you, suspend or cancel a Vet’s listing on the Service or Client account at any time if we suspect, in our sole discretion, that an Account is being used in an unauthorized or inappropriate manner. In addition, should we ask a user for proof of identification, and that identification is not submitted in the allotted time, we reserve the right, in our sole discretion, to cancel any transaction associated with that user at any time.
3. Limited License to Use the Site
Provided you adhere to all of these Terms applicable to you, PetHarmony grants you a limited, non-exclusive, non-transferable, revocable license to use the Site. PetHarmony may terminate this limited license at our sole discretion, at any time for any reason or no reason. Any unauthorized use of the Services will violate these Terms and may violate applicable laws and, PetHarmony reserves all of our rights in respect of such violations, including our rights to pursue any available legal or equitable remedy or recourse and seek recovery from you for the expense of any such violation.
4. Intellectual Property
The Site, including all software, algorithms, protocols, and interfaces associated therewith, and all intellectual property associated with the Services (including but not limited to copyrights, inventions, patents, trademarks, trade secrets, and industrial designs) are owned or licensed by PetHarmony and/or its affiliates. Nothing in these Terms confers upon you any ownership interest in any aspect of the Site or any intellectual property right associated with the Site to any person or entity.
“PetHarmony”, “http://www.PetHarmonyapp.com” is a trademark of PetHarmony or its affiliates. The names and logos of other companies’ services are trademarks of their respective owners. Nothing in these Terms confers upon you any interest of any kind in these marks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
We respect the intellectual property rights of others, and PetHarmony does not permit or tolerate the posting of any content on the Site that infringes any person’s intellectual property, including without limitation, copyright. PetHarmony will terminate the Account in appropriate circumstances, of a user who is the source of any infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please notify us immediately as set out below under the “Contact Us” heading.
5. No Unlawful or Prohibited Use
You may only use the Services as permitted by the features of the Site and these Terms as set forth herein. As an essential condition of your use of the Services, you agree that you will not use them, in whole or in part, for any purpose that violates any applicable federal, state/provincial/territorial, local or international law, or any regulations under applicable law. You shall also not engage in the following unauthorized activities:
1. any commercial use of the Site or any content on the Site, other than by licensed Vets in good standing, or by Vets under a valid licence to software offered on the Site (a “Valid License”);
2. copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content of the Site in any form whatsoever;
3. reproduce any portion of the Site on any website, app or other platform, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
4. deep-link to any portion of the Site;
5. modify, translate into any language or computer language or create derivative works
from, any content or any part of the Site;
6. damage, disable, impair, overburden or otherwise impair the Site, servers or networks
of PetHarmony and/or affiliates.
7. interfere with or disrupt networks or servers connected to the Site or violate the
regulations, policies or procedures of such networks as may be applicable;
8. interfere with any other party’s appropriate use of the Services;
9. attempt to gain unauthorized access to the Services, through hacking, password mining
or any other means to gain access;
10. access or alter data, including personal data of other users;
11. use data collected from the Services to contact individuals, companies, or other persons or entities, including without limitation for any direct marketing activity;
12. modify, move, add to, delete or otherwise tamper with the information from the Services;
13. make the functionality of the Site available to multiple users through any means;
14. use any robot, spider, crawler, scraper, script, browser extension, offline reader or other
automated interface not authorized by us to access the Site;
15. decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the
software, copyrighted or trademarked material, trade secrets, or other proprietary
information from the Services of PetHarmony or its affiliates;
16. upload, post, e-mail or otherwise use the Services to transmit any material that:
0. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
1. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, pornographic, profane, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
3. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
17. harvest or otherwise collect or store any information (including personal information) about other users of the Services, including e-mail addresses, without the express consent of such users;
18. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site; and
19. encourage or instruct any other person or entity to do any of the foregoing.
You also agree to immediately notify us if you learn of a security breach or other illegal activity
in connection with the Services by contacting us as set out below in Section 20 - Contact Us.
Veterinarians and Veterinary Technicians using PetHarmony are responsible for understanding the limitations and restrictions associated with the practice of all teletriage, telehealth, telemedicine and online care based on where they hold their license(s). PetHarmony is not responsible for interpreting local legislation and/or providing guidance or direction to veterinarians and veterinary technicians as it relates to their usage of PetHarmony. Veterinarians and veterinary technicians must be fully aware of what their licensure permits in their respective jurisdiction. PetHarmony is not responsible for any error made by the veterinarian or veterinary technician upon executing the permissions set by their licensing body and will not defend nor indemnify any person, Vet, or VetTech for such allegations.
We may investigate occurrences that may involve any of the above violations and may involve, and co-operate with, law enforcement authorities about users who are involved or maybe involved in any such violations. You acknowledge and agree that PetHarmony can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.
6. Limitations on Communications and Use of Other Users’ Information; No Spam
Users can send messages to each other through the Site. We encourage open communication between our users but we do not allow our users to use these options to send spam, offers to book off the Site, threats, profanity or hate. We also may not allow users to exchange email addresses, phone numbers or other contact information, web addresses, or links within the Site’s messaging systems. PetHarmony may monitor messages sent through the Site and between users for fraud, abuse, spam, and other violations of our policies.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking a veterinarian telemedicine and/or telehealth consultation or related services). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has utilized your veterinary services or vice versa, to your mailing list (email or physical mail) without the user’s express consent or as otherwise permitted by applicable law. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
7. Responsibility for Veterinary Listings, Reviews and Other User-Contributed Content; Participation in Interactive Forums
We have no obligation to pre-screen content posted on the Site by Vets, Clients or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user, including, without limitation, veterinary listings, reviews, participation in an interactive community, forum or blog (each an “ Interactive Forum ”) or any other content provided by a user to the Site (collectively, “ user-contributed content ”). We are not responsible for user- contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.
It is our right, to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet the content requirements as required in the listing set up, which are incorporated by reference into these Terms, any other guidelines posted on the Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. We reserve the right, but do not assume the obligation, to edit a Vet’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with formatting or information requirements or to provide services to users to create or improve listings (such as translation services), in accordance with information we have about the veterinary practice listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must (as determined by us in our discretion):
• not infringe anyone’s rights, including but limited to copyright and rights of publicity and
privacy, violate the law or otherwise be inappropriate;
• not include personal information of another that can be used to identify or contact any
• not include unsolicited promotional content, advertising, political campaigns, contests,
raffles or solicitations;
• be directly related to the Site, business service, product or forum where the content is
• not be obscene, abusive, discriminatory, or illegal; or
• not be false or misleading.
All veterinary listings on the Site are the sole responsibility of the Vet and we specifically disclaim any and all liability arising from the alleged claims or inaccuracies related to the listings, reviews or any alleged breaches of contract on a user’s part. Vets are solely responsible for keeping their listing up-to-date on the Site, including, but not limited to, any and all representations about their practice and the services they provide, location of their office(s), prices for their services and/or products. We do not represent or warrant or endorse the content, veterinarian qualifications, reviews or pricing information published on the Site is accurate or up-to-date.
PetHarmony also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify listings and search results. Consequently, we may change the location or geographic description associated with any listing at any time without notice. We assume no responsibility to verify listing content or the accuracy of the location. Vets are solely responsible for ensuring the accuracy of location, geographic and other content, and location or geographic descriptions, and agree to promptly correct any inaccuracy and Clients are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content, and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user- contributed content.
By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a listing, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to register copyright in and protect the user- contributed content, including the images, copy, and content available via any Vet’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the Vet’s listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personal information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user- contributed content by us or our affiliates.
8. Client Consultation and Pharmacy Dispensing Fees
When a Client books an appointment on PetHarmony, they are booking directly with the veterinary professional. Similarly, when a Client fills a prescription using our online pharmacy service, they are purchasing the prescription directly from our third-party pharmacy provider. PetHarmony acts as a facilitator such transactions, and does not offer medical advice or pharmaceutical services. Clients are charged an appointment fee or other fee, as set by the veterinary professional, for the services provided to the client by the veterinary professional and a pharmacy dispensing fee or other fee, as set and collected by our third-party pharmacy provider. Clients are also charged a Service Fee from PetHarmony upon booking an appointment which covers technical and customer support, payment processing, platform utilization and maintenance, and other fees charged by PetHarmony for facilitation of the appointment between the client and the veterinary professional. Those fees are unrelated to and separate from the appointment fee for the provision of medical advice provided by the veterinary professional or the pharmacy-dispensing fee for the provision of pharmaceutical services by our third-party provider.
All payments are made through our third-party payment processor, Stripe, and all payment information will processed in accordance with Stripe’s terms and conditions and privacy policies. Users should familiarize themselves with those policies.
For Vet subscription fees, please refer to Section 29 - Vet Subscription Fees
Clients are responsible for paying all fees and applicable taxes associated with PetHarmony’ Services in a timely manner with a valid payment method. If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file, retaining collection agencies and legal counsel that will be charged to Clients.
If applicable, the currency exchange rate and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a consultation booked on the Site. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
9. Client Refund Policy
Client consultation fees are non-refundable, unless one of the following circumstances applies, as confirmed by PetHarmony in our sole discretion:
1. a consultation calls ends in less than three minutes;
2. the Vet does not attend a scheduled consultation call; or
In any of the above circumstances, Clients must email us to Refund Request. If PetHarmony determines that the refund request falls within any of the above categories, we will process the refund within three (3) business days. PetHarmony’s decision with respect to refunds is final and binding.
10. Responsibility for Insurance
We do not provide insurance protection for any veterinary telemedicine or telehealth services obtained in connection with the Services. Clients are solely responsible for obtaining pet insurance coverage sufficient to protect their Pet, if applicable. Vets agree that they have or will obtain the appropriate professional liability insurance coverage and will maintain adequate insurance coverage while they list their services through the Site. Further, Vets agree to provide us with copies of relevant proof of coverage upon request and consistent with the laws of their jurisdiction.
11. Mobile Network
When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply and you will be responsible for all such charges. The Site may not work with your network provider or device.
12. Limitation of Liability
You acknowledge and agree that PetHarmony and our affiliates, and each of our directors, officers, employees, counsel, agents, mandataries, representatives, sponsors, licensors, successors and assigns (collectively, the “PetHarmony Group”) will have no liability whatsoever, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, in connection with or arising from your use of the Site or our Services in any form whatsoever. Your only right, recourse or remedy with respect to any problems or dissatisfaction with the Site or Services is to immediately cease use of our Site and Services and you have agreed to these terms by agreeing to these terms.
UNDER NO CIRCUMSTANCE SHALL PetHarmony INC. BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PETHARMONY PLATFORM AND/OR PET HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED VETERINARIANS AND/OR AUTHORIZED NON-VETERINARIAN PROVIDERS AND/OR ITS AFFILIATES. PetHarmony, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE PetHarmony PLATFORM AND/OR PET HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE PetHarmony PLATFORM AND/OR PET HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED VETERINARIAN OR ANY AUTHORIZED NON-VETERINARIAN PROVIDER. PetHarmony SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PetHarmony’S REASONABLE CONTROL. YOU AGREE THAT PetHarmony HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE PetHarmony SITE OR THE PET HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED VETERINARIANS AND AUTHORIZED NON-VETERINARIAN PROVIDERS AND YOU ASSURE THAT RISK.
The PetHarmony Group shall not be liable to you, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:
1. any indirect, special, incidental, or consequential damages; or
2. any loss of income, business, actual or anticipated profits, opportunity, goodwill or
reputation (whether direct or indirect);
3. any personal injury or death;
4. any damage to or corruption of data (whether direct or indirect);
5. any claim, damage, or loss (whether direct or indirect) arising from or relating to your
inability to use the Services; or
6. any claim, damage or loss (whether direct or indirect) arising from or relating to:
1. any product or service provided by a third party under their own terms of service;
2. any third party technology; or
3. any third party platform.
Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for any personal injury or death, incidental, consequential, or similar damages. Accordingly, some of the above limitations may not apply to you.
13. Indemnity & Release
You agree to defend, indemnify and hold harmless the PetHarmony Group and any third party provider of a service or tool offered on any Site (each a “ Third Party Provider ”) from and against any loss, liability, claim, action, demand, damage or expense, including without limitation reasonable legal fees, alleging or resulting from your use of the Site or Services, your user-contributed content or your breach of the Terms. In particular, you agree to indemnify and hold harmless the PetHarmony GroupTech and all its affiliated Vets and VetTech and affiliates and employees and the Third Party Providers for any injury, including but not limited to bodily harm or death, to you, your Pet or any third party that may result from the use of or reliance on the Site or Services.
Healthcare Services and/or Informational Services obtained through your use of the PetHarmony Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Veterinarians and/or Authorized Non- Veterinarian Providers, other Users, any person on whose behalf you request Pet Healthcare Services and/or Informational Services, and/or referred friends.
We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding. You shall not in any event settle any matter without our written consent.
14. No Warranties & Disclaimers
We provide our Site and Services using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms or additional terms provided at the time you sign up for our Services, PetHarmony does not provide any warranties about the Site or Services.
As with any other website or app you use, when you access our Site, you assume all risk associated with any viruses, worms, Trojan horses, and other destructive items. You should take any necessary precautions before you access our Site in respect of any such potential risks.
The Site, other services and all content made available on, through or in connection with the Services, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the Services will be available for use. All implied representation, warranties and conditions relating to the Services and all content on the Site are hereby disclaimed to the greatest extent permitted by law. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge, and agree that you are assuming the entire risk as to the accuracy, timeliness, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, content associated with your use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, such as Quebec, so the above exclusion may not apply to you.
You acknowledge and agree that you will not hold or seek to hold the PetHarmony Group or any Third-Party Provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that the PetHarmony Group are not a party to any transaction between users of the Site. The PetHarmony Group have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the Site) the safety of any transaction or the truth or accuracy of any listing or other content provided on the Site.
The content on the Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. PetHarmony reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. PetHarmony will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. PetHarmony reserves the right to refuse to provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information, or for any other lawful reason.
15. Disputes; Arbitration
If there is a dispute between users of the Site, or between users and any third parties, you understand and agree that PetHarmony is under no obligation to become involved, however, when PetHarmony chooses to get involved, our ruling on the dispute is final and binding on all parties involved.
To the greatest extent permitted by applicable law, any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.
To the greatest extent permitted by applicable law, any dispute, controversy, or Claims arising under or relating to these Terms and this provision agreeing to arbitrate, including any question regarding each of their existence, interpretation, enforcement, validity, applicability, breach or termination, or the relationship created by these Terms, shall be submitted to final and binding arbitration, without a right of appeal. The arbitration shall be conducted by a single arbitrator who shall be agreed upon by all parties to the arbitration or, failing such agreement, the arbitrator shall be appointed by the court, acting only as appointing authority, with the fees of the appointing authority to be initially paid by PetHarmony but may be reimbursed to PetHarmony by the arbitrator in the award. The parties to the arbitration will equally share the costs of the arbitrator and each party shall bear its own costs involved in preparing and presenting its case during the course of the arbitration, subject to the arbitrator in the award allocating all or part of such costs to the prevailing party.
If, for any reason, a dispute, controversy or Claim proceeds in court rather than by way of arbitration, we each waive any right to a jury trial.
16. Modifying & Terminating the Site or Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop all or part of the Services altogether.
You may terminate your Account at any time and for any reason by providing written notice to PetHarmony. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within thirty (30) days of receipt of such a request by PetHarmony.
We may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, PetHarmony will have no further obligation to provide the Services. Upon termination of your right to use our Services or our termination of the Services to you, all licenses and other rights granted to you by these Terms will immediately terminate.
Consultation fees are set at the time of a Client’s booking of a veterinarian telemedicine and/or telehealth consultation and pharmacy dispensing fees are set at the time a prescription is placed with our online pharmacy service. Subscription rates are set at the time of Vet’s purchase of the subscription or renewal. Such fees and subscription rates are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the Vet’s next subscription renewal, new listing, or a Vet’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.
This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When Vets renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. If you do not agree with any amendment to these Terms, your sole recourse is to discontinue using our service. By continuing to use our service after any amendment comes into effect, you signify your agreement to be bound by the revised Terms.
Despite anything to the contrary, all your covenants, agreements, representations, and warranties made in these Terms will survive termination of the Services to you and remain in full force and effect.
17. Social Media & Third-Party Platforms
Social Media: If the Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided third-party social media website (each a “Social Media Site”) and you decide to use such tool or service, you acknowledge and agree that:
• The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content ”), may be accessed and used by us in connection with the Site;
• The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms.
• In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
The links which we might place on our Site do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such platforms.
Links from Third Party Platforms: PetHarmony prohibits third parties from producing materials which contain links to the Site or framing of content contained within the Site without our prior written consent, which we may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorized links or framing. PetHarmony has no responsibility or liability for any material that may contain links to the Site.
18. Non-Solicitation Policy & Feedback
In your communications with us or use of the Site and Services please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you provide to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us through the email at Feedback. Please provide only specific feedback on our Site and Services. Keep in mind that we assume no obligation to keep any feedback you provide confidential, and we reserve the right to use or disclose such information in any manner.
19. General Provisions
1. Notices: All notices and other communications to PetHarmony under these Terms must be in writing and must be delivered either by email or by internationally recognized courier service to the contact information set out below under “Contact Us”. When you contact us or register for an Account, you consent to receive communications from us electronically related to your Account and your use of the Site. You agree that any such electronic communication shall constitute legal written communication in compliance with any and all legal notice requirements (to the fullest extent permitted by applicable law). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your Account (if applicable). Notice shall be deemed given three (3) days after the date of mailing to a physical address and one day after sending to an electronic address.
2. Relationship: You acknowledge and agree that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or by your use of the Services.
3. Waiver: If you do not comply with these Terms, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future). You agree that you will only sue us as an individual. You agree (to the fullest extent permitted by applicable law) that you will not file a class action, or participate in a class action.
4. Severability: Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
5. Assignment: These Terms and any rights, licenses and privileges granted by these Terms, may not be transferred, or assigned by you, but may be assigned or transferred by PetHarmony without restriction and without notice to you.
7. Interpretation: These Terms shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The division of these Terms into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.
8. Governing Law: The Site is operated from PetHarmony’s offices located within Tampa, Florida, but can be accessed from jurisdictions whose laws may differ from those of Florida. Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms shall be governed by and construed in accordance with the laws of the United States applicable therein, and any dispute is to be submitted to an appropriate court. PetHarmony makes no warranty or representation that any or all content and/or Services provided on or through the Site or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access the Site outside of the United States, you are responsible for compliance with local laws.
20. Contact Us
If you have any questions or comments about these Terms, the Site or the Services, please Email us to Info.
Additional Terms and Conditions Applicable to Vets
In addition to being bound by the terms and conditions set forth above, Vets who post listings on the Site are also bound by the following terms and conditions, which are in addition to any other terms and conditions agreed to in connection with purchasing or renewing a listing.
21. Vet Eligibility; Accuracy of Information; Listing Practice Requirements
In order to be eligible to list your services on the Site, each Vet represents and warrants that:
1. You hold a license in good standing to practice veterinary medicine issued by the veterinary regulatory authority of the state/province/territory in which you practice.
2. You are not currently, and have not been within the past three years, subject to any outstanding investigations or complaints of professional negligence or misconduct.
3. You are solely responsible for ensuring that the telemedicine scope of practice is within the legal statutes set forth by the state/provincial/territorial veterinary regulatory authority where you are licensed.
4. You shall uphold and adhere to all applicable medical, professional, and ethical duties and standards in providing veterinary telemedicine services via the Site.
5. You shall use your professional judgment to determine whether telemedicine is appropriate to each specific circumstance, including without limitation, whether a physical examination is required in order to make an appropriate diagnosis and/or prescribe drugs.
6. You are solely responsible for adhering to all veterinarian telemedicine requirements issued by your respective veterinary regulatory authority and/or veterinary medical association, including without limitation:
1. whether you must be licensed in the jurisdiction the Pet is located
2. whether you must have an existing veterinary-client-patient relationship
(“VCPR”) or whether a VCPR is created via a telemedicine consultation on the Site.
7. You shall uphold and maintain the integrity and confidentiality of the VCPR.
In order to post a listing on the Site, Vets must comply with PetHarmony requirements including but not limited to:
1. Vets must submit their veterinarian license information and, if applicable, veterinary clinic information (name, address and other contact information) to PetHarmony in order complete an Account. As noted above, all Vets must be licensed and in good standing to use the Services.
2. Vets must use commercially reasonable efforts to respond to all consultation booking requests from Clients within 24 hours of receipt of a request for booking;
3. Vets must respond to and accept a material number of inquiries and booking requests received in the interest of the Client experience; and
4. Vets are prohibited from cancelling a material number of accepted consultation bookings.
22. Appearance in Search Results
We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, listing quality, Client preferences, Vet response time, online booking acceptance rate, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time (“ Best Match ”). Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular Client. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular Client requests. Search results and order may appear different on PetHarmony’ mobile application than they appear on our website. To optimize the search experience for both Vets and Clients and improve the Best Match process, PetHarmony retains the right to run occasional tests that will be limited in duration but may alter how we display listings and search results.
23. Content, Layout, and Copy
All content and copy edits submitted by Vets are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, content and/or photographs or any change made to any content, photograph or copy submitted by any Vet. All content provided by Vets must comply with these Terms. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our quality and content guidelines or formatting requirements. Vets are responsible for reviewing and ensuring that any content displayed on the Site appears as the Vet intended.
Any photographs included in your listing may not include children or adults if you do not have their legal consent, or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the Vet represents and warrants that (a) you hold all intellectual property rights (including but not limited to all copyright rights) in such photograph, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that the Vet will indemnify and hold harmless the Site and any member of the PetHarmony Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the Vet’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Vet warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Vet further agrees that we may reproduce in whole or in part any photographic material supplied by such Vet in the promotion of either such Vet’s property or the Site.
25. Uses of Our Trademarks or Logos
There are limited ways in which a Vet may use our trademarks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to PetHarmony in a descriptive manner in your listing on the Site or in other permissible communications. However, you may not refer to PetHarmony or any of our affiliates in any way that might lead someone to believe that your practice, listing or site is sponsored by, affiliated with, or endorsed by PetHarmony or one of our affiliates. You may not use the PetHarmony name or one of our affiliates’ names on any other veterinary telemedicine website without our prior written authorization.
The PetHarmony name and logo and those of the PetHarmony Group and our affiliates are trademarks or registered trademarks in the United States. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, etc., or if you have other questions, contact us at support@PetHarmonyapp.com.
26. Hypertext Links
We reserve the right to refuse hypertext links to, or addresses of, other web sites from Vets’ postings, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
27. Marketing & Promotion
In order to support the marketing and promotion of the Services, including Vets’ listings on the Services, you acknowledge and agree that the license granted to PetHarmony pursuant to Section 6 of these Terms provides PetHarmony with the right (but not the obligation) to, and to authorize others to, promote, publicize and advertise your listing in whole or in part (including, but not limited to, any names, photographs, services, practicing area, availability, pricing and biographical information included in such listing) in any and all media now known or devised in the future, provided PetHarmony shall not remove any copyright notices and, if applicable, trademark notices included in such materials. PetHarmony shall also have the right (but not the obligation) to promote, publicize and advertise any reviews and star-ratings of Vets posted by Clients, by any means, in any manner and in any and all media now known or devised in the future.
28. Client Transactions
PetHarmony will be the merchant of record for all transactions between Vets and Clients and will remit payment to Vets as set out above in Section 8 - Client Consultation Fees . No Vet may request or permit any Client to remit payment in any form or manner directly to the Vet or its representative or agent for any services performed via the Site. Any violation of this term may result in the immediate removal of the non-conforming listing from the Site without notice to the Vet and without refund.
29. Vet Subscription Fees
Veterinary clinics have the opportunity to sign up for our subscription fee programing in order to use our software as a white label software exclusively for their clinic use and patients. Subscription fees will be billed either monthly or all upfront through credit card payments. Unless otherwise stated, all fees are quoted in local currency.
All payments are made through our third-party payment processor, Stripe, in accordance with Section 30 - Payment Processing below.
The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a consultation booked on the Site. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
30. Payment Processing
Payment processing services are provided by Stripe and are subject to the Stripe Terms of Service (collectively, the “ Stripe Services Agreement ”). By agreeing to these Terms or continuing to operate as an Account holder on the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PetHarmony enabling payment processing services through Stripe, you agree to provide PetHarmony accurate and complete information about you and your business, and you authorize PetHarmony to share it and transaction information related to your use of the payment processing services provided by Stripe, with Stripe.
31. Termination of Listings; Other Remedies
If, in our sole discretion, any Vet submits unsuitable material to our Site or into our database, is not abiding by applicable laws and is creating a nuisance in its community, misuses the Site or our online system, or is in material breach of these Terms, we reserve the right to limit the Vet’s use of the Site, impact the Vet’s listing(s) search position, and/or terminate such Vet’s listing immediately without refund.
In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Vet’s listing or services that, in our sole discretion, warrants the immediate removal of such Vet’s listing from the Site, then we may immediately terminate such Vet’s listing(s) or subscription(s) without notice to the Vet and without refund. We assume no duty to investigate complaints. Finally, if any Vet is abusive or offensive to any employee or representative of the PetHarmony Group, we reserve the right to terminate such Vet’s listing(s) or subscription(s) immediately without refund.
In addition to reserving the right to terminate any listing, PetHarmony reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a Vet as “out of office,” and removing or changing information that may be false or misleading.