Overview

Welcome to Melbourne Veterinary Care Centre (MVCC)! Please read this document carefully, as it governs your relationship with us and outlines the legally binding provisions that regulate your use of our online platform (including any desktop and mobile versions, as well as any associated smartphone applications) and the services we provide through our platform. If you have any questions regarding this agreement, please contact us directly.

Agreement Summary

For your convenience, we have provided summaries of our terms of use below. Please note that these summaries are not a substitute for reading the full agreement. It is essential that you fully understand and agree to the terms and provisions outlined. The operative provisions are legally binding. The summaries are for convenience and are not legally binding and do not limit the scope or application of the full terms.

1. Our Services: MVCC provides an online platform that allows users to book appointments with various third-party providers of pet services, such as, but not limited to, veterinarians, groomers, pharmacy, and other pet-related services. Our goal is to help facilitate access to these services for pets in need.
2. User Feedback and Marketing: Any material provided to us by customers, including feedback, reviews, multimedia images, audio, or video, may be used by MVCC for social media, marketing, or promotional activities.
3. Limitations of Liability: Because we do not provide the pet services directly, MVCC is not a party to the contract between you and the service providers. Any issues related to the pet services should be raised directly with the respective service provider.
4. Prohibited Activities: When using our services, you agree not to engage in any activities that may harm MVCC, other users, or pet service providers, or that may violate the law or any third-party rights.
5. Service Termination: MVCC reserves the right to terminate your services at any time and for any reason, at our sole discretion.
6. Cancellation and Fees: If you cancel a booking within 24 hours of the scheduled appointment, or if you are not contactable 30 minutes prior to the appointment, or if you are unavailable when a service provider arrives, or if your pet is not ready for examination, MVCC reserves the right to charge a cancellation fee. This also applies if the service provider is unable to find parking or if no one over the age of 18 is present at your location. In the event of inaccurate booking information (such as the misrepresentation of your pet’s aggression, weight, or behaviour), MVCC reserves the right to apply additional charges.
7. Third-Party Services: MVCC integrates third-party services into our platform, including payment processors and scheduling assistants. By using these third-party services, you agree to be bound by their respective terms of use and privacy policies. MVCC has no control over these third-party services and is not responsible for any issues that may arise.
8. Limitation of Liability: MVCC is not responsible for any damages or liabilities you may incur as a result of using the pet services connected through our platform. Any risks involved in utilising these services are entirely at your own risk. MVCC is not liable for any losses, damages, or liabilities arising from the use of the services.
9. Payment and Pre-Authorisation: To ensure that service providers are fully compensated, MVCC reserves the right to pre-authorize or charge the estimated fees for the services to be provided. If there are issues with pre-authorization or prepayment, MVCC reserves the right to cancel your appointment or offer refunds and credits at our discretion. MVCC is not responsible for any charges resulting from pre-authorisation errors or cancellation.

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Acceptance of Terms

By accessing or using the MVCC website, services, or any applications provided by us, you acknowledge that you have read, understood, and agree to these terms and conditions, as well as our Privacy Policy. MVCC reserves the right to revise and amend these terms and conditions at any time, at our sole discretion. Any changes will be posted on our website, and we will make efforts to notify you of any changes. If you do not agree with the updated terms, your only recourse is to stop using our services and discontinue your use of the platform.

Services

MVCC is an online platform that connects our users with third-party service providers, such as “at-home” pet care services, grooming, pharmacy and other pet-related services.

Acknowledgment of Third-Party Service Providers

YOU ACKNOWLEDGE THAT THE PET SERVICES MADE AVAILABLE THROUGH OUR PLATFORM ARE PROVIDED BY INDEPENDENT THIRD-PARTY SERVICE PROVIDERS (“Service Providers”), AND NOT BY MVCC. We are not a party to any contract between you and a service provider for pet services (a “Service Contract”), and we do not offer any of the pet services or function as a service provider. Unless otherwise agreed upon in writing, we will not intervene in any service contract you enter into with a service provider, nor can we be considered a part of any service contract.

Limitations of Liability and Control

MVCC is not responsible for the performance of service providers and does not have control over:

(i) the quality, timing, safety, legality, failure to provide, or any other aspect of the pet services or the service providers; or

(ii) the integrity, actions, or omissions of any service provider.

We also do not have control over:

(i) the truthfulness or accuracy of any representations made by the service providers;

(ii) the ability of service providers to provide the pet services; or

(iii) the ability of users to pay for the pet services agreed upon in a service contract.

As a result, we do not—and cannot—guarantee that the parties will comply with any or all terms of a service contract.

Users

To use our services, you must provide us with your first and last name, mobile number, physical address, and email address. For using the MVCC platform, you affirm that (i) the information you provide to us is accurate and complete, and (ii) you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You agree to provide truthful and accurate information when categorising your pet to ensure appropriate matching with a service provider.

Communications Between Users and Service Providers

MVCC facilitates communication and the sharing of information between users and Service Providers to enable the use of pet services. When users interacting with service providers, please exercise caution and common sense to protect your personal safety and property, just as you would when interacting with individuals you don’t know. Each user should conduct their own research to ensure that a service provider is suitable to provide the pet services they are requesting.

Fees and Billing

MVCC take payments on behalf of the service providers, for each service contract between a user and a service provider. We reserve the right to adjust these fees and will notify users of any fee changes prior to issuing an invoice.

Users may be requested to provide their credit card details and/or make prepayment to MVCC or our payment service provider as part of the booking process. Users are responsible for paying the invoice for each service contract (the “Invoice”), which will include the service payment terms (“Service Payment”), any additional payments related to the service contract, and the fees assessed by MVCC. Within twenty-four (24) hours after entering into a service contract, you authorize MVCC to process the total payment amount and any fees owed to us. MVCC reserves the right, at our sole discretion (but not the obligation), to (i) place a hold on any service payments or extra payments, or (ii) issue refunds, and provide credits. Users of the service are responsible for any taxes (such as GST) required to be paid on the service contract. This payment structure is intended to fully compensate service providers for the pet services provided.

Additional Fees: Dangerous breeds or pets that are difficult to handle during the visit will incur additional charges. Appointments made on public holidays, after hours, or on weekends will attract a surcharge, as advised to the users by MVCC. “After-hours” appointments are defined as any appointment scheduled between 6 p.m. and 9 a.m. Extra charges may apply for urgent bookings or bookings outside our serviced areas. In some cases, additional charges may be applied for extra time needed to handle a pet, distance, or other factors. You will be advised of these charges by the visiting vet or booking team.

Travel Costs: In some instances, if a local service provider is unavailable, the service provider may charge you for travel costs. This will be communicated to you when your booking is confirmed.

No Doctor-Patient Relationship

The use of MVCC’s services, including but not limited to calls, online chat services, or any assistance we provide to help you find an appropriate veterinary professional, does not establish a vet-patient relationship. These services are not a substitute for professional veterinary advice and only provide general information.

We make no guarantees, representations, or warranties, whether express or implied, with respect to the professional qualifications, expertise, or quality of work of the service providers. Additionally, we make no guarantees, representations, or warranties regarding whether a service provider is properly licensed by the state or any other governing body in the jurisdiction in which the service provider offers services, nor do we guarantee that the service provider is in good standing under the law to provide the services they offer. In no event shall we be liable to you or any third party for any decisions made or actions taken based on such information.

Limitations of Liability

We do not control the availability of any service provider at any particular time. As such, we cannot guarantee the availability of any provider or the fulfillment of any scheduled appointment. We will not be liable for any cancelled or unfulfilled appointments, or any injury or damages arising therefrom, or for any other injury related to the use of the service. Additionally, we are not liable for injuries related to transportation during emergency situations. Any such circumstances are an agreement solely between the pet owner and the service provider.

We strongly advise that users conduct their own research before using a service provider. This includes verifying credentials and education by contacting appropriate licensing or certification authorities. You may also want to consult your current veterinary professional or the relevant association(s) related to the service provider’s specialty.

If your pet requires immediate medical attention, you should promptly take your pet to the nearest emergency veterinary hospital.

General Information Disclaimer

Any communications with service providers provided through the MVCC website, app, or technology are for general information purposes only and are not a replacement for an in-person evaluation. The views and information provided by service providers through the MVCC website, app, or technology are those of the individual service provider and do not necessarily reflect the views of MVCC, its members, managers, consultants, veterinarians, employees, agents, advertisers, or affiliates. MVCC makes no guarantees or claims regarding the accuracy or completeness of any information provided via the website, app, or service. All information obtained from MVCC is used at your own risk.

The content provided through the services, whether by MVCC or any other communication from us, is not intended to be a substitute for, nor does it replace, professional veterinary advice, diagnosis, or treatment. Do not disregard, avoid, or delay seeking veterinary advice from a qualified veterinary professional because of something you may have read on MVCC. Your use of any content on the service is solely at your own risk. Nothing stated or posted on the service, or available through any services, is intended to be—and must not be taken as—professional veterinary advice or the provision of medical care for your pet.

We do not recommend or endorse any specific tests, veterinary professionals, procedures, opinions, or other information that may appear through our service. If you rely on any content provided through the service, you do so solely at your own risk.

Online Service Disclaimer

MVCC’s online service, provided by a registered veterinarian via phone, chat, messenger, or video, is not a substitute for an in-person visit and should not be treated as such. By agreeing to these terms, you acknowledge the limitations of providing information regarding a pet that has not undergone an in-person physical examination. You assume all risks associated with such information. Service provided by a registered veterinarian via the MVCC platform is not considered practicing veterinary medicine. You should never disregard the advice of your primary veterinarian or delay seeking medical care from them because of information provided by a registered veterinarian through MVCC’s technology.

Third-Party Services and Content

We utilise links and other tools to connect users to third-party services and features in order to maintain the service (“Third-Party Services”). We have no control over the content or policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or correctness of any third party’s content or policies. Users who access or use a Third-Party Service through MVCC are solely responsible for complying with the terms and policies of these third parties. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service. We also do not operate, control, or endorse any information, products, or services on the service or accessible through the service in any way. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other Third-Party Services.

Disclaimer and Release

The users understand and agree that MVCC makes no representations or warranties with respect to the service or any other software referenced in this agreement, all of which are provided “as is” and “as available.” To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express, implied, or statutory, including any warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, completeness, security, compatibility, reliability, or otherwise, with respect to all such software.

The name Melbourne Veterinary Care Centre (MVCC) is not a quality promise or a guarantee. We do not guarantee that the results obtained from the use of the service will be effective, reliable, fast, instant, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the service (either directly or through third-party networks) at times or locations of your choosing. We may aggregate data from third-party services, in which case MVCC disclaims all warranties with respect to such third-party content. Except as expressly set forth herein, MVCC makes no warranties about the information systems, software, and functions made accessible through the services or any other security associated with the transmission of sensitive information. MVCC does not warrant that the service will operate error-free, that loss of data will not occur, or that the service or software are free of computer viruses, contaminants, or other harmful items.

Our officers, directors, representatives, agents, servants, counsel, employees, consultants, and other personnel authorised to act, acting, or purporting to act on our behalf (the “MVCC Parties”) do not warrant that the service will be error-free or that defects with the service will be corrected. Moreover, you expressly agree that your use of the service and any third-party software on the service is at your own risk. No advice or information, whether oral or written, obtained from us will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to, any service provider. You understand that we do not make any attempt to verify the statements of any service providers. You agree to take reasonable precautions in all communications and interactions with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to, any service provider, particularly if you decide to meet offline or in person, regardless of whether such meetings are organised by us. Because we are not involved in the actual contact between users or in the consummation of service contracts, in the event that you have a dispute with one or more service providers, you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We expressly disclaim any liability that may arise between users. We explicitly disclaim all liability for any act or omission of any service provider or other third party.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of MVCC, its services, and any contact you have with service providers, whether in person or online, remains with you. Neither MVCC nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the agreement or any service contract, from the use of or inability to use the service, from any communications, interactions, or meetings with other persons with whom you communicate or interact as a result of your use of the service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will our aggregate liability arising out of or in connection with the agreement and your use of the service, including, but not limited to, the pet services or from the use of or inability to use the service or in connection with any interactions with any service providers, exceed the amounts you have paid or owe under your service contract in the one (1) month period prior to the event giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply.

MVCC may be used by you to request pet services and enter into service contracts with service providers, but you agree that MVCC has no responsibility or liability to you related to any service contract other than as expressly set forth in these terms. Notwithstanding the foregoing, in no event shall MVCC’s total liability to you in connection with the service for all damages, losses, and causes of action exceed one hundred Australian dollars ($100).

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the MVCC Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule, or regulation, or the rights of any third party; or (v) any Service Contract, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Modification

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Notice

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing MVCC in an unauthorized manner. You acknowledge that under this Agreement by using the Service, you are deemed to have received any and all notices that would have been delivered had you accessed MVCC in an authorized manner.

Entire Agreement

This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Choice of Law

This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of Victoria, and the federal laws of Australia, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Force Majeure

We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.