DIAL A VET – TERMS AND CONDITIONS OF USE

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About the Web Application
1.1. Welcome to Dial a Vet (the "Web Application"). The Web Application provides functionality for users to access telephone consultations with qualified veterinarians and veterinary nurses on demand, and for the veterinarians and veterinary nurses to receive fees for such consultations (the "Services").

1.2. The Web Application is owned and operated by DIAL A VET PTY LTD trading as Dial a Vet (ACN 657 754 375) (‘we’, ‘us’, ‘our’).

1.3. Access to and use of the Web Application and its associated Services is provided by us. Please read these terms and conditions (the "Terms") carefully. By using or viewing this Web Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Web Application, or any of its Services, immediately.

1.4. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms by email or notification within the Web Application. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

2.1. You accept the Terms by using or viewing the Web Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface of the Web Application.General obligations for Members

3.1. As a Member, you agree to comply with the following:
(a) You will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(b) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) Access and use of the Web Application is limited, non-transferable and allows for the sole use of the Web Application by you for the purposes of us providing the Services;
(e) You will not use the Services or the Web Application in connection with any commercial endeavours except those that are expressly endorsed or approved by us in writing;
(f) You will not use the Services or Web Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised embedding of or linking to the Web Application;
(g) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Web Application without notice and may result in termination of the Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Web Application; and(h) You acknowledge and agree that any automated use of the Web Application or its Services is prohibited.

Payment
4.1. Each consultation will incur a fee of $25. Payment can be made by way of credit card payment ("Credit Card").
4.2. All payments made in the course of your use of the Services are made using Stripe (‘Payment Provider’). In using the Web Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Payment Provider’s terms and conditions which are available on their website.
4.3. You acknowledge and agree that where a request for the payment of the fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the fee.
4.4 Customers with an active MadPaws Pass or Waggly subscription are eligible for free Dial A Vet consultations, where applicable and if included in their subscription plan. Only customers with a current and valid plan will have access to these free consultations. If a customer's plan is inactive or the service is not included, a consultation fee of $49 will apply.
4.5. We will only provide you with a refund of the fee in the event we are unable to continue to provide the Services or if we make a decision, at our absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the fee that remains unused by you (the "Refund").
4.6

Cancellation Policy
5.1. If a consultation is cancelled by the pet owner within 24 hours of the scheduled time, no refund is eligible.
5.2. If the consultation is cancelled with 24 hours or more notice, a refund is eligible.

Fees to Providers
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6.1. Providers shall provide on-demand consultations to Customers via the Web Application (‘Consultations’).

6.2. We will provide all Provider Members with a virtual wallet within the Web Application (‘Wallet’).
6.3. For each successful completed Consultation, the Provider Member who conducted the Consultation will be credited with their amount disclosed in their contractor agreement.
6.4. The Provider Member may transfer the accrued credits from the Wallet to their nominated bank account from time to time, via functionality offered in the Web Application.
6.5. In the event of a transfer at clause
6.4 occurring:(a) the amount paid to the Provider Member’s nominated bank account will be paid on a GST-inclusive basis; and(b) for taxation purposes, the Provider Member will generate a tax invoice for the payment via the Web Application which will be a tax invoice issued by the Provider Member as supplier to us as the recipient of supply for GST Law purposes.
6.6. The Provider Member acknowledges and agrees that if we are assessed by the Australian Tax Office or any revenue authority of a State or Territory, or any other relevant authority, as being liable to pay superannuation or payroll tax, then:(a) the amount credited or paid to the Provider Member pursuant to clauses 6.3 and 6.4 shall be taken to include such superannuation or payroll tax liabilities; or(b) if a Court or Tribunal considers (a) to be void, voidable, or unenforceable, then we reserve the right to deduct any superannuation or payroll tax liabilities from any credits or payments to the Provider Member.
6.7 In the event of network issues or the pet owner disconnecting the call upon the Provider Member answering the call, the $15.00 credit will not be paid to the Provider Member due to no consultation conducted.
6.8. In the event that the Provider Member ceases to be a Member of the Web Application, any accrued credits in their Wallet that has not been paid to the Provider Member will be paid to the Provider Member’s nominated bank account at the time, within 28 days of the termination of their Membership.

Copyright and Intellectual Property
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7.1. The Web Application, the Services and all of the related products are subject to copyright held by us. The material on the Web Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Web Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by us or our contributors.7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by us, and we who grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:(a) use the Web Application pursuant to the Terms;(b) copy and store the Web Application and the material contained in the Web Application in your devices, cache memory; and(c) print pages from or take screenshots of the Web Application for your own personal and non-commercial use.7.3. We do not grant you any other rights whatsoever in relation to the Web Application or the Services. All other rights are expressly reserved by us.7.4. We retain all rights, title and interest in and to the Web Application and all related Services. Nothing you do on or in relation to the Web Application will transfer any:(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process); to you or to any other person.7.5. You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Web Application or the Services for any purpose, unless otherwise provided by these Terms. This sub-clause does not apply to parts of the Web Application that are available in the public domain, unless that availability is due to a breach of these Terms (including any older version of these Terms).

Privacy
8.1. We take your privacy seriously and any information provided through your use of the Web Application and/or Services are subject to our Privacy Policy, which is available on the Web Application or on our website.

Disclaimer
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9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.9.2. Subject to this clause, and to the extent permitted by law:(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.9.3. Use of the Web Application and the Services is at your own risk. Everything on the Web Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of us (including any third party where the Services are made available to you) make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of us) referred to on the Web Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;(b) the accuracy, suitability or currency of any information on the Web Application, the Services, or any of its Content related products (including third-party material and advertisements on the Web Application);(c) costs incurred as a result of you using the Web Application, the Services or any of the products of us; and(d) the Content or operation in respect to links which are provided for your convenience.9.4. You acknowledge and agree that our service provides general advice only and does not constitute a physical examination of your pet. The advice provided should not be considered as a substitute for an in-person examination or diagnosis by a licensed veterinarian. We accept no liability for any outcomes based on the advice given through the Services.

Limitation of Liability

10.1. Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent fee paid by you to us in connection with the Services.10.2. You expressly understand and agree that we, our affiliates, employees, agents, contributors, third-party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.10.3. You acknowledge and agree that we hold no liability for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you as a result of providing your personal information to the Payment Provider, the failure by the Payment Provider to provide services to you, or any unauthorised or unlawful use of your personal information by the Payment Provider.

Termination
11.1. The Terms will continue to apply until terminated by either you or us as set out below.

11.2. If you want to terminate the Terms, you may do so by:(a) notifying us at any time; and(b) closing your accounts for all of the Services which you use, where we have made this option available to you.

11.3. Your notice should be sent to our email address: support@dialavet.com.au

11.4. We may, at any time, terminate the Terms with you if:(a) you have breached any provision of the Terms or intend to breach any provision;(b) we are required to do so by law;(c) we are transitioning to no longer providing the Services to Members in the jurisdiction in which you reside or from which you use the service; or(d) the provision of the Services to you by us is, in our opinion, no longer commercially viable.

11.5. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership to the Web Application at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Web Application or the Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts our name or reputation or violates the rights of those of another party.Indemnity
12.1. You agree to indemnify us, our affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;(b) any direct or indirect consequences of you accessing, using or transacting on the Web Application or attempts to do so; and/or(c) any breach of the Terms.

Dispute Resolution
13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute (‘Notice’).

13.3. Resolution: On receipt of that Notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:(a) Within 30 days of the Notice attempt in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee;(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;(d) The mediation will be held in Sydney, Australia.

13.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
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The Services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Web Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. You hereby submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.