PetMed, last updated: Feb 24, 2022
Use of the Platform
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:
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)
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;
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;
immediately notify PetMed of any changes to your licenses, permits or qualifications and to update PetMed with supporting documents as soon as reasonably practicable;
discuss with PetMed on a monthly basis, to facilitate the provision of continued and improved Services on the Platform;
cooperate with and among (i) other Providers on the Platform; and (ii) PetMed collaborative partners;
provide the Services as required, subject to your reasonable availability;
pay all ancillary costs, including transportation, required for you to provide the Services; and
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:
assume the sole duty of care for the Patient following acceptance of the Video Consultation;
ensure that a valid Veterinary-Client-Patient-Relationship (“VCPR”) is established;
prescribe medications, vaccinations and supplements to Patients in accordance with your medical expertise;
keep a record of all medications, vaccinations and supplements prescribed;
keep a record of all Patient medical records;
refer Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable; and
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.
The Platform enables Users and Providers to upload, share or make available text, images, videos, information or other material (“Content”).
By making available Content on or through the Platform, you:
are responsible for the legality, reliability and appropriateness of the Content;
warrant that you own or are otherwise authorized to use and share the Content;
retain any and all rights to the Content, but grant PetMed the right and license to use, modify, reproduce, display and distribute the Content.
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.
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.
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
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
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.
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:
the existence and terms of any separate agreement you may have entered with PetMed; and
the business, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of PetMed;
the operations, processes, product information, know-how, designs, trade secrets or software of Pawlife; and
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:
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.
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).
You may disclose PetMed confidential information:
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
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
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
Personal data means data, whether true or not, about an individual who can be identified:
from that data alone; or
from that data and other information which you have or are likely to have access.
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.
You shall only process, use or disclose the Personal Data:
strictly for the purposes of fulfilling your obligations and providing the Services required on the Platform or any separate agreement made with PetMed;
with PetMed prior written consent; or
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.
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.
In providing Services on the Platform or in respect of any separate agreement made with PetMed, you shall comply with:
all applicable laws, statutes and regulations from time to time in force; and
PetMed prevailing business policies.
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:
any loss of life, personal injury and/or damage arising from or out of any occurrences whatsoever in the provision of the Services;
any loss or damage whatsoever resulting from any act or omission by you in the provision of the Services.
12. Limitation of Liability
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.
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.
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:
any interruption, disruption or cessation in your provision of Services for any reason whatsoever; or
any damage, injury or loss caused by other members or persons in the provision of Services.
The Indemnified Parties shall not be responsible to you nor to any other persons for any:
accident, happening or injury suffered in the provision of Services;
damage to or loss of any goods or property in relation to the provision of Services; or
act, omission, default or negligence of any employee, servant, agent, affiliate and/or service providers of the Indemnified Parties.
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.
You may terminate your account as a Provider on the Platform by emailing to email@example.com
PetMed reserves the right, in its sole discretion, to deny or suspend access to the Platform to anyone for any reason without notice.
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 firstname.lastname@example.org 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.
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.
Currency and taxes. All references to prices, fees or rates are in Philippine Peso (PHP) and inclusive of VAT unless otherwise stated.