Terms & Condition

This Terms and Conditions is a binding agreement between VETCO (the“VETCO”), owned and operated by Lamb Chop Technologies Pvt. Ltd.("We" or "Us" or“Our”or "VETCO" or "Company") having its registered office at 6, Green Avenue, Off Green Avenue Lane, Kishangarh, New Delhi-110070and you and those individuals included in your account who will be using this VETCO (collectively, “You” and/or “Your”).
Vetco shall provide medical records assistance and medical records digitization and storage, along with invoicing platform and reminder service for clients. (“Services”), as defined on this VETCO, to the You and your Client. These terms and conditions, as well as any additional terms, conditions and covenants referenced in this Agreement (collectively, these “Terms”, “Terms and Conditions” or this “Agreement”), govern the use of and access to the VETCO and any of the services offered on the VETCO.
Please read carefully the following terms of service. By registering for, accessing, browsing, or using the VETCO, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines (as defined below) and future modifications (collectively, the "Terms").
1. GRANT OF RIGHT
Subject to the terms of the Agreement, we grant to You and You accept a non-exclusive, personal, non-transferable, limited right to have access to and to use the System for the duration of Your engagement with Us.
The aforementioned right does not extend to:
a) use the System for time-sharing, rental or service bureau purposes;
b) make the System, in whole or in part, available to any other person, entity or business;
c) modify the contents of the Systems and the VETCOor use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement;
d) copy, reverse engineer, decompile or disassemble the System or the Website, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or
e) Modify the System or associated software or combine the System with any other software or services not provided or approved by Us.
You will obtain no rights to the System except for the limited rights to use the System expressly granted by VETCO.
2. ACCEPTANCE:
By accepting these Terms, you agree that, You will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System ("Implementation") and receive the Services. To the extent possible, such an assessment should be done before subscribing for the Service.
Your Implementation will comply with the specifications from time to time established by Us. You will ensure that Your Implementation is compatible with the System and Services. If We notify You that Your Implementation is incompatible with the System and/ or Services, You will rectify such incompatibility, and We will have the right to suspend Services to You until such rectification has been implemented. Under no circumstances will You be eligible for any refund or any financial assistance in relation to Implementation.
3. SUBSCRIPTION AND CANCELLATION FEE:
You shall pay to VETCO the annual subscription fees described in this VETCO for availing the Service provided by the VETCO. The compensation payable to VETCO shall be due upon registration.
By Subscribing to Vetco, you shall be provided with technology platform (“System”) provided as part of Vetco consisting of hardware and / or software used or provided by Us for the purpose of providing the Services to You and the End User;
Upon cancellation of the membership, your account will no longer be accessible.
You agree that Your receipt of Services is subject to verification by Us of Your identity and credentials as a Veterinarian and to Your ongoing qualification as such. As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as Your Photo Id, Your medical registration details (as recognized by the Medical Council of India), Your qualifications and other information in order to prove that You are a valid health care practitioner in the field that You claim ("Credential Information").
We may verify such Credential Information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your Credential Information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information.
You agree that We may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information. We reserve the right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to re-verification as well.
VETCO may terminate this Agreement (i) if you commit a material breach of these Terms and Conditions and fail to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if you fail to pay an invoice/subscription amount when due.
4. ACCESS TO THE SYSTEM AND USE OF SERVICE:
You will implement and maintain appropriate administrative, physical and technical safeguards to protect the System from access, use or alteration; and You will always use the User ID assigned to You.
You will immediately notify Us of any breach or suspected breach of the security of the System of which You become aware, or any unauthorized use or disclosure of information within or obtained from the System, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
You will not permit any third party to have access to the System or to use the System or the Services without Our prior written consent. You will not allow any third party to access the System or provide information to Registered Users/ Non-Registered Users on the Website. You will promptly notify Us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System or Services.
You hereby agree that you shall indemnify and bear the cost of damage and/or lost etc. occurred due to your negligence to the System provided by VETCO for providing the Services.
5. REVENUE SHARING:
VETCO shall provide certain percentage as commission to you for every first time subscription or subscription renewalof Vetcoby your Client.However, such revenue sharing percentage can be altered/modified at VETCO’s sole discretion.
In order to facilitate such commission, You have to generate invoice on your letter head containing details of your Client who has subscribed our VETCO, for us to facilitate you with payment of your Commission. Please note, the said invoices have to be submitted toVETCO by 14th of every month, failure for which can lead to suspension or termination of your Account and the services provided by the Vetco.
However, if an existing pet owner changes their Vet, the commission payable shall continue to go the earlier Vet until the Client either cancels their subscription and/or the subscription expires. Once the Client, subscribe to the new subscription, then commission shall be payable to you on submission of the required documents.
Further, any cash payments made by the Pet Owners for the availing the Service’s provided by Vetco directly to you will be collected on the 1st and 14th of every month by our collection agents.
You are required to collect a receipt from our agents for amount handed over by you, failure to do so from your end will affect commission pay-outs and/or termination or suspension of account.
6. USING THE SERVICE AND SUBMITTING A SUBSCRIPTION:
You have elected to utilize the VETCO as a paid subscriber. VETCO reserves the right to modify the prices or other Terms charged for these Services, or to add or remove any Service from the VETCO, at any time without prior notice to you. Price changes shall not apply to services purchased prior to the price change.
7. COMPLIANCE:
You are solely responsible for ensuring that Your use of the System and the Services complies with applicable law. You will also ensure that Your use of the System, the VETCOand the Services in always in accordance with the terms of the Agreement. You will not undertake or permit any unlawful use of the System or Services, or take any action that would render the operation or use of the System or Services by us.
Without limiting the generality of the foregoing, You represent that You shall not use the System in violation of any applicable laws including Rules and Regulation prescribed by Veterinary Council of India or any other code of conduct governed by your council.
You shall keep Your Credential Information updated and will inform Us immediately should any portion of Your Credential Information be revoked, is cancelled or expires.
8. PROHIBITIONS:
The following actions will be considered as misuse of the VETCO, and are thus prohibited:
Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
Transmission of junk mails, spam or chain letters;
Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Posting unsolicited promotional or advertising content;
Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
Promoting an illegal or unauthorised copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses;
Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this VETCO.
9. RECORD DIGITALISATION AND STORAGE:
VETCO makes available to you a service of digitalization and storage of your Client’s pet medical records.
You have the opportunity to upload, store and access health records and information, including copies of documents, records, images, and information submitted by youor your Client (“Pet’s Data”). VETCO will maintain the Pet’s Data on a secure database. Electronic storage allows the immediate viewing of Your Pet’s Data by you or your Client.
You are responsible for uploading Your Pet’s Data to the VETCO. VETCO will not be responsible for returning any original or other documents comprising your Records provided to VETCO. To the extent permitted by law, any documents or images you submit or direct to be submitted on your behalf to VETCO shall become VETCOs’ property and cannot be returned to you. VETCO assumes no responsibility for the quality of X-rays or other personal medical images archived on the VETCO or for medical decisions, which are based on your Records, including any images or reports. The documents you submit or direct to submit to VETCO may be destroyed at VETCOs’ discretion.
By agreeing to these Term and Conditions, you grant VETCO, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this VETCOVETCO, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use your Data and any other information you provided in connection with the establishment and maintenance of your VETCO account to provide the SMO services, the veterinary medical records assistance and the veterinary medical records digitalization and storage services (collectively “Services”) and to operate the VETCO, including but not limited to, converting documents received on your behalf to an electronic format.
You are solely responsible for the accuracy and completeness of any documents or data you submit to VETCO. You are also responsible for occasionally reviewing Your Pet’s Data to ensure accuracy.
You agree that VETCO is not obligated to retain, maintain, deliver or allow access to your Records upon the termination of your subscription.
10. USAGE OF VETCO:
By registering to use the VETCO, you will create a personal profile account and may have access to the posting feature. By posting any comments or other material on the VETCO (each, a “Posting”), you give VETCO the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your posting for any purpose, in any form, and on any media without consideration. By submitting communications or content to the public areas, you agree that such posting is non-confidential for all purposes.
You also agree that:
You will maintain the security of all your identification, password and other confidential information relating to the use of your account.
You will not copy, modify, or display or download VETCOs’ name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the VETCO.
You will not upload or transmit any communications or content of any type that infringes upon or violates the rights of any party.
You will not redeliver any of the pages, text, images, or other content of VETCO using “linking,” “deep linking,” or “framing” technology.
You will not upload media of any kind that contain expressions of hate, abuse, offensive images, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions. xx. You will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or this VETCO.
You agree to comply with all your responsibilities and obligations as stated in these Terms and Conditions.
VETCO reserves the right, but is not obligated to: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions; terminate your access to the VETCO or any feature on the VETCO upon any breach of these Terms and Conditions; and edit or delete any communications posted on the VETCO, regardless of whether such communications violate these standards.
a) By uploading any media to a public area of the VETCO, including, but not limited to, a photo or video, you grant VETCO a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media in any format now existing or created in the future;
b) you certify that any person featured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes VETCO to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media in any format now existing or created in the future; and
c) you agree that you will indemnify VETCO against any damages, losses, liabilities, judgments, costs or expenses (including actual attorneys’ fees and costs) arising out of a claim by a third party relating to any media you have posted.
While VETCO welcomes your feedback on the VETCO, VETCO must make the final decisions about the content that is posted on the VETCO to make sure it conforms to VETCO objectives and to the objectives VETCO identifies for VETCO Users. If you are dissatisfied with the VETCO, your only remedy is to stop using the VETCO. VETCO follows a standard set of editorial procedures for information that VETCO publishes on the VETCO.
11. INTELLECTUAL PROPERTY RIGHTS, SOFTWARE AND CONTENT:
All IPR on the VETCO exclusively belong to either VETCO or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the VETCO, a third party supplier or Seller during or pursuant to its use of the VETCO for any purposes whatsoever.
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the VETCO or the thirty party owner of such Intellectual Property Right.
12. CONFIDENTIALITY:
You will treat all information received from us as confidential. You may not disclose our confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in VETCO Terms, You may not, without our prior written consent, at any time, during or after the applicability of these VETCO Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the VETCO. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these VETCO Terms. You will promptly notify us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to your attention.
You must establish a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the Access Code and are fully responsible for all activities that occur under your Access Code. You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall have access to your Access Code. It is your sole responsibility to control the dissemination of your Access Code, to authorize, monitor, and control access to and use of your Records, Account, and Access Code, and to promptly inform VETCO of any need to deactivate or reset an Access Code.
You agree to immediately notify VETCO of any unauthorized use of your Access Code, password, or account information or any other breach of security; and, (b) ensure that you exit from your account at the end of each session. VETCO shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
13. DISCLAIMER OF WARRANTY:
Your use of the services is at your sole risk and the services are provided "as is" and “as” available. To the maximum extent permitted by applicable law, VETCO disclaims all warranties of any kind, whether express, statutory or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, quality, functionality, availability and non-infringement, unless such warranties are legally incapable of exclusion. VETCO does not represent or warrant that the services will meet your requirements or that the services will be uninterrupted, timely or free from error, that errors will be corrected in a timely manner, or that you will be able to access or use the services at times or locations of your choosing.
14. LIMITATION OF LIABILITY:
VETCO, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors shall be not be held responsible or liable for any special, incidental, indirect or consequential damages of any kind in connection with this Agreement, even if VETCO has been informed in advance.
15. INDEMNITY:
You agree that you are solely responsible for anything you post on the VETCO and that you will defend, indemnify, and hold VETCO, its officers, directors, affiliates, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your Postings on the VETCO or your use of the Services.
In addition, you acknowledge and agree that the Veterinarians are independent contractors of VETCO, and that, as a result, VETCO has no control over, input into, or responsibility for, the matters contained in the SMO Report. You further acknowledge and agree that the SMO Report states a mere professional opinion and that you and your attending/treating veterinarian are free to disregard the SMO Report in their sole and absolute discretion.
You acknowledge and agree that the provision of any Services to you, pursuant to your subscription, does not create a veterinarian-patient relationship between the respective Veterinarian(s) and you. Accordingly, on your own behalf and on behalf of your heirs, executors and personal representatives, hereby releases and discharges VETCO, its subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and the Veterinarians of and from all claims, demands, damages, losses, and expenses, as a result of any alleged malpractice or alleged professional liability claim(s) arising out of or related to this Agreement.
16. DISPUTE RESOLUTION:
In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance.
In case of such failure of settling the dispute applicable within 15 (fifteen) days, the dispute shall be referred to a sole arbitrator, who shall be appointed by VETCO. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
17. APPLICABLE LAW:
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Courts of Delhi shall have the exclusive jurisdiction.
18. MISCELLANEOUS:
Assignment: This Term shall not be assigned or otherwise transferred by the User. However the VETCO’s obligations under these Terms are freely assignable or otherwise transferable by the VETCO to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship between the Parties: Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the VETCO (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between VETCO and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information
Force Majeure: If performance of any Service under these Terms by the VETCO is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the VETCO, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the VETCO and could not have been prevented by reasonable precautions then the VETCO shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the VETCO of its obligations herein.
This Terms and Conditions is a binding agreement between you and those individuals included in your account who will be using this VETCO (collectively, “You”, “Your” or “End User”), andVetco, the owner and administrator of VETCO (the “VETCO”). Vetcoshall provide medical records assistance and medical records digitization and storage, mate finding service, reminders(“Services”), as defined on this VETCO, to the end user. These terms and conditions, as well as any additional terms, conditions and covenants referenced in this Agreement (collectively, these “Terms”, “Terms and Conditions” or this “Agreement”), govern the use of and access to the VETCO and any of the services offered on the VETCO.
Please read carefully the following terms of service. By registering for, accessing, browsing, or using the VETCO, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines (as defined below) and future modifications (collectively, the "Terms").
1. ELIGIBILITY OF USE:
End User can only subscribe to this VETCOby signing up to the services provided by VETCO through a vet contracted by VETCO and using the platform.
Use of VETCO is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use VETCO.
Any minor desirous to use or transact on VETCO, is required to conduct such transaction through their legal guardian or parents.
VETCO reserves the right to terminate any membership and / or refuse to provide access to VETCO if it is brought to VETCO’s notice or if it is discovered that the person accessing/using VETCO is under the age of 18 (eighteen) years.
By accepting the Terms or using or transacting on VETCO, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 (eighteen) years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between VETCO and such User to the extent permissible under applicable laws.
2. SUBSCRIPTION AND CANCELLATION FEE:
User shall pay to VETCOthe annual or monthly subscription fees described in this App for availing the Serviceprovided by the App. The compensation payable to VETCOshall be due upon registration. Notwithstanding the foregoing, you shall have the right to cancel the subscription; the subscription fee in case of annual subscription shall be refundable, however, if User avails for Monthly subscription, then the same shall be non-refundable in case User cancels the Subscription.
Upon cancellation of the membership, your account will no longer be accessible.
VETCO may terminate this Agreement (i) if you commit a material breach of these Terms and Conditions and fail to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if you fail to pay an invoice/subscription amount when due.
3. USING THE SERVICE AND SUBMITTING A SUBSCRIPTION:
You have elected to utilize VETCO as a paid subscriber. VETCO reserves the right to modify the prices or other Terms charged for these Services, or to add or remove any Service from VETCO, at any time without prior notice to you. Price changes shall not apply to services purchased prior to the price change.
4. PROHIBITIONS:
The following actions will be considered as misuse of VETCO, and are thus prohibited:
Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
against any group or individual;
Transmission of junk mails, spam or chain letters;
Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Posting unsolicited promotional or advertising content;
Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
Promoting an illegal or unauthorised copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses;
Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from VETCO.
5. MEDICAL RECORD ASSISTANCE:
VETCO makes available to its end Users Veterinary Medical Records Assistance services. VETCO will gather your pet’s veterinary medical records from your pet’s current or previous veterinarian(s), scan related paper records, copies of documents, records, images, and information, review paper or electronic records in order to detect specific problems which the User may have overlooked, and electronically upload pet’s veterinary medical records to the appropriate sections of VETCO.
You agree to:
1) Complete VETCO’s required Authorization for Release of Protected Pet Health Information form.
2) By signing VETCO’s Authorization for Release of Protected Pet Health Information form, you authorize VETCO’sto receive your pet’s medical records for the purpose of digitizing, sorting and uploading.
3) You acknowledge that additional fees may be required by your Veterinarian(s) and/or third party health administrators.
4) By agreeing to use Mate Making Service, you herebygrant other users of VETCO to view yourPets Medical Records and other relevant information available on VETCO based on your acceptance of the request raised by the other pet owner.
5) By signing and submitting the Authorization for Release of Protected Pet Health Information form, you agree to give VETCO access to your account to upload and store the medical records received on your behalf.
6. RECORD DIGITALISATION AND STORAGE:
VETCO makes available to its end Users a service of digitalization and storage of your pet’s veterinary medical records. You have the opportunity to upload, store and access your health records and information, including copies of documents, records, images, and information submitted by you (“Your Pet’s Data”). VETCO will maintain Your Pet’s Data on a secure database. Electronic storage allows the immediate viewing of Your Pet’s Data by you or your authorized health care providers.
You are responsible for uploading Your Pet’s Data to VETCO. VETCO will not be responsible for returning any original or other documents comprising your Records provided to VETCO. To the extent permitted by law, any documents or images you submit or direct to be submitted on your behalf to VETCO shall become VETCOs’ property and cannot be returned to you.
VETCO assumes no responsibility for the quality of X-rays or other personal medical images archived on VETCO or for medical decisions, which are based on your Records, including any images or reports. The documents you submit or direct to submit to VETCO may be destroyed at VETOCs’ discretion.
By agreeing to these Term and Conditions, you grant VETCO, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this VETCO, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use your Data and any other information you provided in connection with the establishment and maintenance of your VETCO account to provide the SMO services, the veterinary medical records assistance and the veterinary medical records digitalization and storage services (collectively “Services”) and to operate the VETCO, including but not limited to, converting documents received on your behalf to an electronic format.
You are solely responsible for the accuracy and completeness of any documents or data you submit to VETCO. You are also responsible for occasionally reviewing Your Pet’s Data to ensure accuracy.
You agree that VETCO is not obligated to retain, maintain, deliver or allow access to your Records upon the termination of your subscription.
7. PRIVACY NOTICE:
Your privacy is important to VETCO.By impliedly or expressly accepting these Terms, you also accept and agree to be bound by VETCO Policies (including but not limited to Privacy Policy available at our as amended from time to time. If you do not want to be bound by the Terms, User must not subscribe to or use our services. We encourage our users to read these Terms carefully while using VETCO.
VETCO’s privacy policy is hereby incorporated into the terms by reference. Please read this privacy policy carefully for information relating to VETCO’s collection, use, and disclosure of your ‘s and/or your pet’s personal information.
8. USAGE OF VETCO:
By registering to use the VETCO, you will create a personal profile account and may have access to the posting feature. By posting any comments or other material on VETCO (each, a “Posting”), you give VETCO the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your posting for any purpose, in any form, and on any media without consideration. By submitting communications or content to the public areas, you agree that such posting is non-confidential for all purposes.
You also agree that:
You will maintain the security of all your identification, password and other confidential information relating to the use of your account.
You will not copy, modify, or display or download VETCOs’ name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from VETCO.
You will not upload or transmit any communications or content of any type that infringes upon or violates the rights of any party.
You will not redeliver any of the pages, text, images, or other content of VETCO using “linking,” “deep linking,” or “framing” technology.
You will not create a link from VETCO to any page of VETCO unless you or the operator of the other VETCO has executed VETCO’ then-standard agreement for the granting of permission to establish such a link.
You will not include any VETCO mark, the name of any of VETCO personnel, or any variation of any of the foregoing as a Meta tag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or App and VETCO.
You will not use devices (including software) that are designed to provide repeated automated access to the VETCO other than those made generally available by VETCO, or probe, scan, or test the vulnerability of any system or network related in any way to this VETCO.
You will not use VETCO or its Services for any purpose in violation of local, state, federal or international laws.
You will not use VETCO or its Services as a means to distribute advertising or other unsolicited material to any third party.
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by VETCO in VETCO sole discretion.
You will not impersonate another person or create any false account information or health record
for any other person.
You will not post advertisements or solicitations of business.
You will not post chain letters or pyramid schemes.
You will not allow any other person or entity to use User identification for posting or viewing comments.
You will not post the same note more than once or post “spam” or use the VETCO to create any nuisance.
You will not hold VETCO or any of VETCO affiliates, successors, assigns or licensees, together with any of their respective officers, directors and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by VETCO.
You will not submit any media that contains your personally identifiable information (such as User’s name, phone number, email address or website URL) or that of anyone else except as otherwise requested by VETCO as otherwise permitted in accordance with this Agreement.
You will not upload any media on VETCO without the express written permission from the owner of such media content.
You will not upload media of any kind that contain expressions of hate, abuse, offensive images, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.
You will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or website or App.
You agree to comply with all your responsibilities and obligations as stated in these Terms and Conditions.
VETCO reserves the right, but is not obligated to: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions; terminate your access to VETCO or any feature on VETCO upon any breach of these Terms and Conditions; and edit or delete any communications posted on VETCO, regardless of whether such communications violate these standards.
a) By uploading any media to a public area of VETCO, including, but not limited to, a photo or video, you grant VETCO a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media in any format now existing or created in the future;
b) you certify that any person featured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes VETCO to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media in any format now existing or created in the future; and
c) you agree that you will indemnify VETCO against any damages, losses, liabilities, judgments, costs or expenses (including actual attorneys’ fees and costs) arising out of a claim by a third party relating to any media you have posted.
While VETCO welcomes your feedback on VETCO, VETCO must make the final decisions about the content that is posted on the VETCO to make sure it conforms to VETCO objectives and to the objectives VETCO identifies for VETCO Users. If you are dissatisfied with the VETCO, your only remedy is to stop using the VETCO. VETCO follows a standard set of editorial procedures for information that VETCO publishes on VETCO.
When deciding hire any professional based on information on the VETCO, you should perform independent research as to the accuracy of the credentials expressed in the content, provided in the professional’s public profile, or existing as part of any other material found on the VETCO or the Services.
9. INTELLECTUAL PROPERTY RIGHTS, SOFTWARE AND CONTENT:
All IPR on the VETCOexclusively belong to either VETCO or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the VETCO, a third party supplier or Seller during or pursuant to its use of the VETCO for any purposes whatsoever.
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the VETCO or the thirty party owner of such Intellectual Property Right.
10. CONFIDENTIALITY OF USER ID &PASSWORDS:
You must establish a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the Access Code and are fully responsible for all activities that occur under your Access Code. You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall have access to your Access Code. It is your sole responsibility to control the dissemination of your Access Code, to authorize, monitor, and control access to and use of your Records, Account, and Access Code, and to promptly inform VETCO of any need to deactivate or reset an Access Code.
You agree to immediately notify VETCO of any unauthorized use of your Access Code, password, or account information or any other breach of security; and, (b) ensure that you exit from your account at the end of each session. VETCO shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
11. DISCLAIMER OF WARRANTY:
Your use of the services is at your sole risk and the services are provided "as is" and “as” available. To the maximum extent permitted by applicable law, VETCO disclaims all warranties of any kind, whether express, statutory or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, quality, functionality, availability and non-infringement, unless such warranties are legally incapable of exclusion. VETCO does not represent or warrant that the services will meet your requirements or that the services will be uninterrupted, timely or free from error, that errors will be corrected in a timely manner, or that you will be able to access or use the services at times or locations of your choosing.
12. LIMITATION OF LIABILITY:
VETCO, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors shall be not be held responsible or liable for any special, incidental, indirect or consequential damages of any kind in connection with this Agreement, even if VETCO has been informed in advance.
13. INDEMNITY:
You agree that you are solely responsible for anything you post on the VETCO and that you will defend, indemnify, and hold VETCO, its officers, directors, affiliates, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your Postings on the VETCO or your use of the Services.
In addition, you acknowledge and agree that the Veterinarians are independent contractors of VETCO, and that, as a result, VETCO has no control over, input into, or responsibility for, the matters contained in the SMO Report. You further acknowledge and agree that the SMO Report states a mere professional opinion and that you and your attending/treating veterinarian are free to disregard the SMO Report in their sole and absolute discretion.
You acknowledge and agree that the provision of any Services to you, pursuant to your subscription, does not create a veterinarian-patient relationship between the respective Veterinarian(s) and you. Accordingly, on your own behalf and on behalf of your heirs, executors and personal representatives, hereby releases and discharges VETCO, its subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and the Veterinarians of and from all claims, demands, damages, losses, and expenses, as a result of any alleged malpractice or alleged professional liability claim(s) arising out of or related to this Agreement.
14. DISPUTE RESOLUTION:
In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance.
In case of such failure of settling the dispute applicable within 15 (fifteen) days, the dispute shall be referred to a sole arbitrator, who shall be appointed by VETCO. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
15. APPLICABLE LAW:
This agreement shall be governed by and interpreted and construed in accordance with the laws of India. Courts of Delhi shall have the exclusive jurisdiction.
16. MISCELLANEOUS:
Assignment: This Term shall not be assigned or otherwise transferred by the User. However VETCO’s obligations under these Terms are freely assignable or otherwise transferable by VETCO to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship between the Parties: Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on VETCO(including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between VETCO and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information
Force Majeure: If performance of any Service under these Terms by VETCO is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of VETCO, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of VETCO and could not have been prevented by reasonable precautions thenVETCO shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by VETCO of its obligations here in.