Grey Cat

Terms and Conditions

‍Last Updated: 29 September 2021

Welcome to MiVetConnect!

These terms of use, as updated from time to time (the “Agreement”) constitute a contract between you and MiVetConnect Ltd. (“MVC”) and establish the terms and conditions under which you will access and use the services (the “MVC Services”) available on MVCs website located at www.mivetconnect.co.nz  and all related sub-domains, tools and services (collectively, the “Site”).

 As used in this Agreement, "MVC," "we," "us," and "our" shall mean MiVetConnect Ltd. The MVC Services and the Site, collectively, may be referred to herein as the “Service”.  “You” refers to any person accessing and/or using the Site or the Services, as a pet owner or veterinary practice.


SERVICES


MVC is a teletriage and teleadvice provider. MVC complies with all necessary veterinary services licensing in New Zealand. All veterinarians are registered as currently practicing veterinarians with the Veterinary Council of New Zealand.

Teletriage is the safe, appropriate, and timely assessment and management (immediate referral to a veterinarian or not) of animal patients via remote video   consultation with their owners. In assessing patient condition remotely , the assessor determines urgency and the need for immediate referral to a veterinarian, based on the owner’s (or responsible party’s) report of history and clinical signs, sometimes supplemented by visual (e.g., photographs, video) information. A diagnosis is not rendered. The essence of teletriage is to make good and safe decisions regarding a patient’s disposition (immediate referral to a veterinarian or not), under conditions of uncertainty and urgency.

If the pet’s condition is deemed an emergency, the veterinarian will recommend taking the pet to the practice’s preferred emergency clinic. In cases of toxicity, a practice may also opt to have the client referred to a poison control hotline to further elucidate the triage. If the pet’s condition is a non-emergency, a message detailing the owner’s concerns is sent to the veterinary practice, along with a request for a next-day appointment if appropriate.

Teleadvice is the provision of any health information, opinion, guidance or recommendation concerning prudent future actions that are not specific to a particular diagnosis. This is general advice that is not intended to diagnose or prognose animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or behavioural conditions.

If your pet is in need of immediate medical assistance in case of a medical emergency, then you should take your pet to the nearest emergency veterinary practice. Such emergencies requiring immediate care include, but are not limited to:

  • Collapse

  • Seizure

  • Severe trauma e.g. road traffic accident

  • Difficulty breathing

  • Paralysis or severe incoordination


  • Bleeding that is not stopping and/or of significant volume

NEVER DISREGARD YOUR VETERINARY CARE PROFESSIONAL’S ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING IN THE CONTENT OR OTHERWISE RELATED TO OUR SITE. 


Veterinarian-Client-Patient Relationship

Pursuant to the Veterinary Council of New Zealand (VCNZ), a veterinarian-client- patient relationship (“VCPR”) is not established by electronic consultations. A VCPR can be established only once a veterinarian sees and examines a pet in person and only then can then be maintained through electronic means.MVC’s veterinarians do not diagnose any medical conditions or prescribe Restricted Veterinary Medicines (RVM’s) unless there is a valid Veterinary Client Patient Relationship. Any potential diagnosis or opinion given is the opinion of the consulting veterinarian and not of MVC. MVC disclaims any and all liability whatsoever in connection therewith.

NOT VETERINARY MEDICAL CARE, DIAGNOSIS OR TREATMENT
You and your clients understand that MVC is not a medical provider. The content of this Site (“Content”) is for general information purposes only. The Content should not be considered veterinary medical care advice and is not a substitute for professional veterinary care advice, diagnosis, or treatment. We do not represent or warrant that any health, behaviour or wellness suggestions or recommendations referred to or described in the Content will be safe, appropriate, or effective for your pet. 


Any consultations provided through the Site are not intended to create and do not constitute a professional relationship between us (or any of ours officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you or your clients, and does not create any veterinarian-client-patient relationship in any capacity whatsoever. Even if those providing information via the Site mention professional licensure or other credentials, they are limited to providing information and education, and are not providing any clinical service, are not providing any diagnosis and are not suggesting any specific treatment. Information provided through the Site or us should not be used for diagnosing a health problem or disease.Any health information, opinion, guidance or recommendation concerning prudent future action are of a general nature only and are not specific to a diagnosis.   The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter but is merely intended to serve as one resource for general and educational purposes.


ACCEPTANCE OF TERMS. By accessing any portion of the Service, you unconditionally agree to the terms and conditions set forth in this Agreement and the MVC Privacy Policy available on the Site. We may update these Terms of Use or our Privacy Policy at any time, and your continued usage of the Site after an update constitutes your acceptance of any revisions to these Terms and Conditions of use or our Privacy Policy. 

PRIVACY POLICY. Please see our separate Privacy Policy, which describes how we collect, protect, use and share information obtained through the Site or the MVC Services.

Site Intended for New Zealand Audience
This Site is intended for residents of New Zealand only. Access to this Site or the Content may not be legal by certain persons or in certain countries. If you access this Site outside New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any portion of the Content in violation of the New Zealand export laws and regulations.

USERS; GENERAL ACCESS. You may be accessing and using the Site as pet owner or veterinary provider. Your right to use the Site is limited in scope, revocable, personal, non-transferable and non-exclusive. You are responsible for obtaining any equipment and Internet service necessary to access the Services. You acknowledge that the Services are evolving and that the form and nature of the Services may change from time to time without notice to you. 

ACCESS AND USE TERMS.
(a) Your Submissions of Content. You represent and warrant to us that you have the right to provide all content that you submit to the Services (the “Submissions”) for the purposes of this Agreement. 
(b) Privacy; Rights in Your Data. You will own any data or information that you submit to the Site, and all such information is subject to our Privacy Policy. You hereby represent and warrant that (i) all data you submit to MVC or the Site (“your Data”) will be true and correct and (ii) you have the right to provide any and all of your Data that you provide for the purposes of this Agreement. You hereby grant to MVC a perpetual, irrevocable, royalty-free right to use your Data and Submissions for any purpose, subject in all respects to our Privacy Policy. If you object to your Data being used in a manner permitted by this Agreement and the Privacy Policy, please do not use this Site. Upon termination of your Login Credentials for any reason, you may no longer have access to any of your Data or Submissions that you provided to the Site or MVC.

(d) Age. The services are available to users who are 18 years of age or older.By using the services, you represent and warrant that you are of legal age to form a binding Agreement with MVC.

(e) connection issues. While using the services, you may experience delays, connection issues or other electronic problems. MVC is not responsible for any delays, delivery failures, or any other damage occurring as a result of such problems.

(f) contact. You may not use the Services to contact our Veterinarians for any reason other than to seek information and guidance for your pet in accordance with these Terms.

(g) recording. You may not record, by video or audio, in whole or in part, any consultation with a Veterinarian.

(h) Electronic or phone communications via the Website or any third-party application are not confidential or privileged and will not be the subject of any associated confidences or privileges. You understand and agree that all communications may be recorded for training and quality control purposes. You consent to the exchange and release of information and records between MVC and your regular veterinarian.

STANDARDS OF CONDUCT AND APPLICABLE LAW. 
(a) Conduct. You may not use the Services to: post any Submissions or other content that is, or which MVC considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
introduce viruses, worms, Trojan horses and/or harmful code to the Site or on the Internet;
display material that exploits children under 18 years of age;
post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party;
post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
intentionally or unintentionally violate any applicable law; or collect, save or otherwise download content from our Site using automated means such as bots, robots or scrapers. MVC reserves the right to remove any Submissions from the Services at any time in our sole discretion.
(b) Applicable Law. Your use of the Services is subject to all applicable, local and national laws and regulations. You may only use the Services for lawful purposes. You shall not use or allow others to use the Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy. 

INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS.
(a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the Services for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services; (iv) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any national, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; or (vi) circumvent or disable MVC’s copyright protection mechanisms or license management mechanisms.
(b) Ownership. You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in conjunction with the Services are proprietary to MVC and that MVC and/or its licensors retain exclusive ownership of the Services, documentation, and any other intellectual property rights relating to the Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by MVC or copies thereof to others in violation of this Agreement. 
(c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between you and MVC, no license or other right in or to the Services or content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(d) Suggestions. If you provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to MVC for improvements to the Services, you hereby grant to MVC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Services and any other products or services.

LIMITED WARRANTY.
(a) Mutual Warranties; Disclaimer. Each of you and us represents and warrants to the other party that such party has the legal power to enter into this Agreement. MVC does not warrant or represent that the Services will be error-free, uninterrupted or secure.
(b) Disclaimers. You acknowledge that the Services are provided “AS IS” and is based in part on Submissions provided by you, which are not verified by MVC, and that any content acquired through the use of the Services is at your sole risk and discretion. MVC and its suppliers are not liable or responsible for any results generated through the use of the Site. 


LIMITATION OF LIABILITY. 
(a) Limitation. MVC shall not be liable for any property damage caused by the use of the Services, reports produced through the use of the Services or by any errors, delays or failures of the Services.
(b) Disclaimer. IN NO EVENT SHALL MVC., ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(c) No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, MVC DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.

INDEMNIFICATION.
(a) By You. You shall indemnify and hold MVC, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by (i) your Submissions hereunder, (ii) your use of the Services; (iii) your use of any Content or Submissions that you acquire via the Services and/or (iv) your gross negligence or willful misconduct.
(b) By MVC. MVC shall indemnify and hold you harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that the Services (excluding all Submissions) directly infringes a copyright, an NZ. patent issued prior to the commencement of the term of this Agreement or a trademark of any party.
(c) Procedure. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: (i) providing the indemnifying party with prompt written notice of such claim, action or proceeding, (ii) permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and (iii) cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.


PAYMENT

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You acknowledge that MVC can vary the Services Fee at any time.

We use a third party payment service to process your payment. We do not receive, store or process your payment method. By submitting your payment method, you agree that we may use a third party to receive, store and process your payment Information.  You agree that your provision of your payment information and other information to such third party is subject to the conditions of the third party payment service provider's terms and conditions. The current third party payment processor is Stripe. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using industry standard security technology.


REFUND POLICY.
No amounts paid hereunder or in any event shall be refundable under any circumstances unless previous written permission is provided.


LINKS TO THIRD-PARTY WEB SITES.
This Site may contain links to non-MVC websites. These links are provided to you as a convenience, and MVC is not responsible for the content of any linked web site. Any non-MVC web site accessed from this Site is independent from MVC, and MVC has no control over the content of that website. In addition, a link to any non-MVC website does not imply that MVC endorses or accepts any responsibility for the content or use of such a website.

MISCELLANEOUS.
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement byMVC of that third party or of any product or service provided by a third party. You may not assign or transfer this Agreement in whole or in part to any third party. This Agreement shall bind and insure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. MVC and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. This Agreement, together with the Privacy Policy and any other terms and conditions set forth on MVC’s Site, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties or by an updated Agreement (or Privacy Policy) posted on the Site by MVC in its sole discretion. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Acceptable Use Policy         
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web application software services offered by MiVetConnect Ltd. and its affiliates (the “Services”) and the website located at www.mivetconnect.co.nz. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the MVC Site. By using the Services or accessing the MVC Web Application, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the MiVetConnect Software and Services.

‍No Illegal, Harmful, or Offensive Use or Content
‍You may not use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include, but are not limited to:

1. Illegal, Harmful or Fraudulent Activities.
Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, fraudulent goods, services, schemes, promotions or content that infringes or misrepresents the intellectual property or proprietary rights of others.

2. Offensive Content.
Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.

3. Harmful Content.
Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations
‍You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). 

Prohibited activities include:

1. Unauthorized Access.  
Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.

2. Interception. 
Monitoring of data or traffic on a System without permission.

3. Falsification of Origin.
Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route.

‍No Network Abuse
‍You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

1. Monitoring or Crawling.
Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

2. Denial of Service (DoS).
Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

3. Intentional Interference.
Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

4. Operation of Certain Network Services.
Operating network services like open proxies, open mail relays, or open recursive domain name servers.

5. Avoiding System Restrictions.
Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.


No Email or Other Message Abuse
‍You will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

‍Our Monitoring and Enforcement
‍We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services.

‍We may:

1. Investigate violations of this Policy or misuse of the Services or MVC Software;

2. Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or MVC software. 

3. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

‍Reporting of Violations of this Policy
‍If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.


FOR ADDITIONAL INFORMATION.
‍If you have any questions about the rights and restrictions above, please contact us by email at info@mivetconnect.co.nz

© 2021 MiVetConnect. All Rights Reserved.