We regularly update, amend, delete or change any information provided on our Website. Although we will endeavor to ensure that all information contained on our Website is accurate, we do not guarantee that all information or prices on our Website will be complete and accurate.

Our Website provides a teleconsulting platform for remote medical consultations, and other health and information services (“Services”). The Services made available on our Website may not be applicable to all pets, clients or all clinical situations. Some medical conditions are not suitable for remote medical consultations. If you are unsure whether you have been able to explain or communicate to the veterinarian your medical conditions and needs accurately or fully, or if you have any other concerns, you are recommended to seek advice from a veterinarian in person. You should not use our Services in an emergency, or if your pet has any conditions that you know or reasonably be expected to require a physical examination.

PetMed does not provide any medical advice. While our Website is designed to facilitate and support your consultations as well as the health decisions and choices that you make, the said decisions and choices are yours and you are ultimately responsible for the same.

You may ask questions on our Website or during private consultations. You may find answers to your questions on our Website, or the veterinarians may provide you with medical advice during and/or after your consultations. Such advice is the sole responsibility of the veterinarians, and PetMed shall in no way be liable or responsible for the same.

PetMed, our Website is not your veterinarian. When you participate in online consultations, you understand and agree that the advice given during the consultations is based on the information you provide to the veterinarians, including but not limited to your and your pet's health records, medical examination history, and your description of the conditions or symptoms that your pet experienced at the relevant time. You acknowledge and agree that you shall not hold PetMed, its affiliates, or related corporations and the veterinarians responsible for any misdiagnoses as a result of inaccurate information given by you.

The veterinarians shall be solely responsible for determining the need for a face-to-face consultation with you and PetMed shall not be held liable for any misdiagnoses, acts, or omissions of the veterinarians.

PetMed makes no claims or warranties as to the effectiveness of any Services made available on our Website. Any services made available on our Website are for your information only and do not necessarily imply appropriateness for any particular individual or medical condition, or prediction of the effectiveness, outcome, or success of such Services.

Access to and/or use of the relevant PetMed Website is at charges to be stipulated by PetMed from time to time, provided that you will be given the opportunity to decline or discontinue further access to and/or use of the relevant PetMed Website or Services if you do not agree with the charges.

By providing your credit or debit card information (or other payment method accepted by PetMed from time to time) to PetMed, and as updated from time to time on your Account (your “Payment Method”), you authorize PetMed and/or our third-party payment processor to charge your Payment Method the then-effective rate for your subscription. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your delivery for the affected period of the subscription. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Website.

We use a third-party payment service to process your Payment Method. We do not receive, store or process your Payment Method. By submitting your Payment Method through the Website, you agree that we may use a third party to receive, store and process your payment information ("Payment Information"). You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that the provision of your Payment Information and other information to such third parties is subject to the conditions of the third party payment service provider's terms of service and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. The current third-party payment processor is PayMong, and their current terms and conditions of service and privacy policy are available at https://www.paymongo.com/terms 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. Unless otherwise provided in these Terms of Service, all purchases of Products and/or Services are final, irreversible, and non-refundable.

Our Website and the Products and Services made available on our Website are provided “as is”. Neither PetMed, the veterinarians, nor any other user of the Website, shall make any express or implied warranties, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.

While PetMed endeavors to ensure that the veterinarians are validly accredited and/or licensed to practice in their field of expertise and that the content of our Website or the Products or Services made available on our Website satisfy government regulations, PetMed shall not be held liable for any breach of government regulations which does not result from PetMed acts or omissions, and/or which is beyond PetMed’s reasonable control

To the extent permitted by applicable law, all terms, conditions, warranties, and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms of Service are excluded and, to the extent, such terms, conditions, warranties, and statements cannot be excluded, PetMed disclaims any liability in relation to the same.

To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless PetMed, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against any claims or demands, causes of action, judgments, liabilities, losses, costs, and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:

1. Your access to and use of the Website;

2. Your purchase of Products and/or use of the Services;

3. Any information posted or made available by you on the Website;

4. Anything you do use the Content, Website;

5. Any violation of applicable law or the rights of any third party that occurs through your use of the Content, Website;

6. Your breach or violation of these Terms of Service;

7. Any inaccuracy in any representation or warranty that you make under these Terms of Service;

8. Anything did or failed to do anything by you in carrying out your obligations under these Terms of Service; and/or

9. Any other wilful misconduct, default, unauthorized acts, or wilful omission on your part.

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within six (6) years from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.

Every jurisdiction has its own law and regulations in respect of the use of telemedicine services (the “Local Regulations”). By accessing the Website and using the Services, you confirm that you understand your obligations under the local regulations applicable in the territory in which you are located and will comply with such local regulations.

The Website may be viewed internationally and may contain references to products or services not available or approved in all countries. References to a particular product or service do not imply that such product or service is appropriate or available for purchase by all persons in all locations, or that we intend to make such product or service available in such locations. We make no representation that all Products, Services or Content described on or available through the Website and/or Apps are appropriate or available for use in locations outside of Philippines. You agree that you access our Website, purchase the Products and use the Services on your own initiative and are responsible for compliance with all local law and regulations.

The performance of our obligations under these Terms of Service is subject to the existing law and legal process in the Republic of the Philippines, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access to and use of the Website, purchase or Products and use of Services, or information provided by us with respect to such access, purchase and use.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

Any information you provide to us in connection with your use of the Website, purchase of Products or use of Services will be transferred to our related companies or subsidiaries or authorized representatives in accordance with our Privacy Policy and the applicable law. By accessing and using our Website, you consent to this transfer of information, our Privacy Policy and these Terms of Service.

Notwithstanding any provisions of these Terms of Service, PetMed reserves the right to refuse or cancel any order, wholly or in part, for any reason. In the event that PetMed refuses or cancels any order for any reasons unrelated to any wrongdoings or failure to comply with these Terms of Service on your part, PetMed shall refund the fees paid to you for the Products and/or Services that have been refused or canceled.

For the avoidance of doubt, no refund shall be made to you in the event that your orders for any Products and/or Services are canceled by you, or refused or canceled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. Further, Pawplife reserves the right to impose a cancellation fee in the event that your orders are canceled by you, or refused or canceled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. PetMed also reserves the right to impose a penalty in the event that you are late for your consultations.

PetMed retains all right, title, and interest in all of PetMed’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information, and data, whether or not patentable, copyrightable or protectable in trade mark, and any trademarks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of PetMed’s Intellectual Property Rights for any reason whatsoever without Pawplife’s prior written consent.

Without limiting the above, Pawplife retains all Intellectual Property Rights over the source code and technical information relating to the Website, as well as all content and information ("Content") relating to the Website, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms of Service shall not confer any right or interest upon Pawplife's Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use the Website and the Products and Services made available through the Website.

You shall not use the name, logo, trade mark, trade name, service mark, or other symbols of or associated with Pawplife for any purpose whatsoever without obtaining the prior written consent of Pawplife.

These Terms of Service and any dispute or claim arising from it or in connection with its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Philippine law. Both parties accept the exclusive jurisdiction of the courts of the Philippines.

The invalidity or the unenforceability for any part of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service, which shall remain in full force and effect.

You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of Pawplife. Any purported assignment in violation of this clause shall be deemed null and void.

Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) to enforce any term of this Terms of Service.

Nothing in these Terms of Service shall be construed to constitute a partnership, agency, or joint venture between you and PetMed, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority or power to bind PetMed or to create liability on the part of PetMed.

Should you have any comments and/or queries on these Terms of Service, please send us an email at petcare@petmed.com.

Our Website may offer social sharing features, links to social media and other integrated tools. In addition, we may, from time to time, provide you with links to other websites for your convenience and information, or other third-party websites may share links to our Website. We do not control such other social sharing features, social media and websites, and are not responsible for their contents, privacy practices or other practices. Our inclusion of links to such other social sharing features, social media and websites do not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators.

You are therefore advised to visit the privacy policies and terms of service of the entities that provide these social sharing features, social media and websites.

If you provide any personal data to us during the registration process or otherwise, you consent to our collection, use, processing and disclosure of your personal data in accordance with our Privacy Policy (a copy of which is available at https://www.petmed.ph/).

PetMed, last updated: Feb 24, 2022

These Terms of Use are a binding agreement between PetMed and you as a Clinic or Healthcare Provider (“you”, or “Provider”).

1. Use of the Platform

1.1.  

PetMed operates the website http://www.petmed.ph/ and other related websites and mobile applications with links to these Terms of Use (collectively, the “Platform”). By accessing the Platform in your capacity as a Provider, you agree to be bound by these Terms of Use.

1.2.

PetMed grants the Provider limited non-exclusive, non-transferable rights to use the Platform subject to these Terms of Use and any separate agreement you may have entered with PetMed.

1.3.

You agree that you are accessing the Platform as an independent, third-party entity and that you and PetMed neither represent nor are liable for each other in any way whatsoever.

2.  The Platform

The Platform facilitates the provision of animal healthcare by enabling the user (“User”, or “Client”) to engage with veterinary professionals (“Healthcare Providers”) to obtain veterinary services for their pets or the pets in their care (“Patients”) via remote diagnosis and treatment (“Services”). Healthcare Providers practicing Services on the Platform are required to comply with PetMed Guidelines for Telemedicine Services as reviewed by the Bureau of Animal and Industry (BAI), and as updated from time to time.

3.  Healthcare Providers’ Obligations

As a Healthcare Provider, you agree to:

3.1.  

hold and maintain all licenses, permits and approvals as may be required to provide the Services, including a valid veterinary license from Professional Regulation Commission (PRC)

3.2.

possess the appropriate level of training, expertise and experience to provide the Services, and submit documentary proof of your qualifications and valid licenses to Pawlife as soon as reasonably practicable or upon request;

3.3.

comply at all times with (i) any requirements of the valid veterinary license issued to you from time to time; and (ii) the Code of Ethics for Veterinarians issued by the from Bureau of Animal and Industry (BAI) time to time;

3.4.

immediately notify PetMed of any changes to your licenses, permits or qualifications and to update PetMed with supporting documents as soon as reasonably practicable;

3.5.

discuss with PetMed on a monthly basis, to facilitate the provision of continued and improved Services on the Platform;

3.6.

cooperate with and among (i) other Providers on the Platform; and (ii) PetMed collaborative partners;

3.7.

provide the Services as required, subject to your reasonable availability;

3.8.

pay all ancillary costs, including transportation, required for you to provide the Services; and

3.9.

adhere to the Guidelines on Telemedicine Services as updated from time to time.

4.  Healthcare Providers’ Responsibilities

As a Healthcare Provider, your responsibilities are to:

4.1.  

assume the sole duty of care for the Patient following acceptance of the Video Consultation;

4.2.

ensure that a valid Veterinary-Client-Patient-Relationship (“VCPR”) is established;

4.3.

prescribe medications, vaccinations and supplements to Patients in accordance with your medical expertise;

4.4.

keep a record of all medications, vaccinations and supplements prescribed;

4.5.

keep a record of all Patient medical records;

4.6.

refer Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable; and

4.7.

liaise with PetMed to arrange for the transportation of Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable.

5.  Content

The Platform enables Users and Providers to upload, share or make available text, images, videos, information or other material (“Content”).

5.1  

By making available Content on or through the Platform, you:

a)  

are responsible for the legality, reliability and appropriateness of the Content;

b)

warrant that you own or are otherwise authorized to use and share the Content;

c)

retain any and all rights to the Content, but grant PetMed the right and license to use,                                                                         modify, reproduce, display and distribute the Content.

5.2.

All medical records created, amended, or modified in the course of the provision of Services on the Platform shall be owned and remain with PetMed.

5.3.

You reserve the right to copy in entirety any medical records that were generated or added to by you as a Provider on the Platform.

5.4.

Any other Content found on or through the Platform is owned by PetMed or used with permission. You may not use, reproduce, distribute, share or download the Content without PetMed express prior written authorisation.

6.  Intellectual Property

6.1.  

The Platform and its entire contents, features and functionality (excluding Content made available by Users or Providers) are owned exclusively by PetMed.

7.  Use of Name and Profile

7.1.  

The Providers consent to the use of their trade name, trademarks, logos and veterinarian profiles in descriptive material and publications for the purpose of disclosing that the Provider provides Services on the Platform under these Terms of Use.

7.2. 

Except as otherwise provided herein, neither Party shall have any right, express or implied, to use in any manner the name or other designation of the other Party or any other trade name, trademark or logo of the other Party for any purpose without the prior express written permission of the other Party.

8.  Confidentiality

8.1.  

Confidential information means all confidential information (however recorded or preserved) disclosed to you by PetMed or its representatives or discovered on the Platform, including but not limited to:

(a)  

the existence and terms of any separate agreement you may have entered with PetMed; and

(b)

(i)  

the business, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of PetMed;

(ii)

the operations, processes, product information, know-how, designs, trade secrets or software of Pawlife; and

(iii)

any information developed by you and/or PetMed in the course of providing the Services on the Platform or in carrying out any separate agreement with PetMed.

any information that would be regarded as confidential by a reasonable businessperson relating to:

8.2.

You agree that you shall not, at any time while as a Provider on the Platform, and for a period of five (5) years after termination as a Provider, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of PetMed, except as permitted by this Confidentiality Clause.

8.3.

Upon termination as a Provider on the Platform, all of the PetMed confidential information in your possession will be returned to PetMed and/or erased from your computer systems (to the extent possible).

8.4.

You may disclose PetMed confidential information:

(a)  

to your employees, officers, representatives or advisers who need to know such information for the purposes of exercising your rights or carrying out your obligations under or in connection with providing Services on the Platform. You shall ensure that your employees, officers, representatives or advisers comply with this Confidentiality Clause; and

(b)

as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

8.5.

You shall not use PetMed confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with the Services provided on the Platform or any separate agreement made with PetMed.

9.  Data Protection

9.1.  

Personal data means data, whether true or not, about an individual who can be identified:

(a)  

from that data alone; or 

(b)

from that data and other information which you have or are likely to have access.

9.2.

You must comply with all of your obligations under the Republic Act 10173 – Data Privacy Act of 2012 of the Philippines and any other applicable legislation in relation to the personal data of the Patients’ owners or authorized caregivers (“Clients”) obtained from the Platform ("Personal Data"), at your own cost.

9.3.

You shall only process, use or disclose the Personal Data:

(a)  

strictly for the purposes of fulfilling your obligations and providing the Services required on the Platform or any separate agreement made with PetMed;

(b)

with PetMed prior written consent; or

(c)

when required by law or an order of court, but shall notify PetMed as soon as practicable before complying with such law or order of court at its own costs.

9.4.

You shall protect the Personal Data in your control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information and communications technology measures) to prevent unauthorized or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of the Personal Data, or other similar risks.

10.   Compliance

10.1.  

In providing Services on the Platform or in respect of any separate agreement made with PetMed, you shall comply with:

(a)  

all applicable laws, statutes and regulations from time to time in force; and

(b)

PetMed prevailing business policies.

11.   Indemnification

11.1.  

You shall indemnify and hold harmless PetMed, its related and affiliate companies, its and their shareholders, directors, officers, employees, agents, contractors (collectively, “Indemnified Parties”) from and against all claims, demands, proceedings, judgements, losses, damages, costs, and expenses of any nature (including legal costs and other expenses incidental thereto on a full indemnity basis) which the Indemnified Parties may incur or suffer in respect of:

(a)  

any loss of life, personal injury and/or damage arising from or out of any occurrences whatsoever in the provision of the Services;

(b)

any loss or damage in connection with any breach or default by you in respect of these Terms of Use or any separate agreement made with PetMed;

(c)

any claims against the Indemnified Parties by any party in relation to any matter arising out of or in connection with the provision of the Services or performance or non-performance of your obligations under these Terms of Use or any separate agreement made with PetMed; or

(d)

any loss or damage whatsoever resulting from any act or omission by you in the provision of the Services.

12.   Limitation of Liability

12.1.  

You expressly agree that use of the Platform is at your sole risk. PetMed provides the Platform on an “as is” and “as available” basis. PetMed expressly disclaims with respect to the provision of Services and the use of the Platform all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to merchantability, fitness for a particular purpose, lack of viruses, accuracy of completeness of responses, results, workmanlike effort and lack of negligence. You assume total responsibility and risk for your use of the Platform and related services.

12.2.

You acknowledge and agree that PetMed does not provide veterinary medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party providers, including veterinarians and other veterinary professionals in the PetMed network.

12.3.

Notwithstanding anything herein contained, the Indemnified Parties shall not be liable to you nor shall you have any claim of any nature against the Indemnified Parties in respect of or arising out of:

(a)  

any interruption, disruption or cessation in your provision of Services for any reason whatsoever; or

(b)

any damage, injury or loss caused by other members or persons in the provision of Services.

12.4.

The Indemnified Parties shall not be responsible to you nor to any other persons for any:

(a)  

accident, happening or injury suffered in the provision of Services;

(b)

damage to or loss of any goods or property in relation to the provision of Services; or

(c)

act, omission, default or negligence of any employee, servant, agent, affiliate and/or service providers of the Indemnified Parties.

12.5.

The Indemnified Parties shall not under any circumstances have any liability to you nor to any party for loss of business, loss of profits, loss of anticipated savings, loss or damage to data, third party claims or any consequential or indirect loss for any reason whatsoever.

13.  Termination

13.1.  

You may terminate your account as a Provider on the Platform by emailing to petcare@petmed.ph

13.2.

PetMed reserves the right, in its sole discretion, to deny or suspend access to the Platform to anyone for any reason without notice.

14.  General

14.1.  

Governing Law. These Terms of Use and any separate agreement made with PetMed which links to these Terms of Use shall be governed by and construed in accordance with Philippine Law. Both Parties accept the exclusive jurisdiction of the courts of the Philippines.

14.2.  

Right to Modify. PetMed may amend, at its sole discretion, these Terms of Use at any time. Continued use of the Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

14.3. 

Notice. Any notice, demand or other communications required or permitted to be given or made shall be in writing and may be given or made by letter or email. Notices are deemed to be served on PetMed, if delivered to PetMed registered office address or emailed to petcare@petmed.ph and to the Provider, if delivered to your registered address, or email addresses provided by you. The Parties may designate an alternative address or email address by notice in writing to the other Party. Notices shall be deemed to have been received, in the case of email, at the time of dispatch, and in the case of a letter by hand or prepaid AR registered post, the day of actual receipt.

14.4. 

Severability. The invalidity or unenforceability of any provisions of these Terms of Use or separate agreement made with PetMed shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.

14.5. 

No Waiver. The failure of PetMed to insist upon strict adherence to any term of these Terms of Use or any separate agreement made with PetMed on any occasion shall not constitute a waiver of PetMed rights. PetMed shall not be deprived of the right thereafter to insist upon strict adherence to that term or any other term.

14.6. 

Survival. The termination of any separate agreement made with PetMed or your account as a Provider on the Platform or shall not affect any rights that may have accrued to PetMed arising out of or in relation to any breach made by you.

15.7. 

Contracts. A person who is not a Provider under these Terms of Use or a Party to any separate agreement made with PetMed has no right under the Contracts (Rights of Third Parties) to enjoy the benefit of any term of these Terms of Use or any separate agreement made with PetMed.

15.8. 

Currency and taxes. All references to prices, fees or rates are in Philippine Peso (PHP) and inclusive of VAT unless otherwise stated.