Zumvet Pte. Ltd. ("Zumvet" or "we") is a digital pet care company that offers on demand video consultations and home-based services.
Please read these terms of service ("Terms of Service") carefully before accessing and/or using Zumvet website's (i.e. https://www.zumvet.com) ("Website") or any of its mobile applications (“Apps”) and any products (“Products”) or Services (as defined below) made available on the Website and/or Appsowned and/or maintained by Zumvet or any of its affiliates or related corporations, so that you are aware of your legal rights and obligations with respect to Zumvet.
By accessing any Website and/or Apps, purchasing any Products or using any Services offered on theWebsite, you hereby agree to be legally bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please leave the Website and discontinue the use of the Website, Apps and/or all Services immediately.
PLEASE DO NOT USE THE WEBSITE AND/OR APPS FOR MEDICAL EMERGENCY. IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY HOTLINE OR BRING YOUR PET TO THE NEAREST VETERINARY HOSPITAL.
USE OF THE WEBSITE AND APPS
As a condition of your use of our Website, you hereby represent and warrant that:
You undertake and agree to notify Zumvet immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect.
We retain the right at our sole and absolute discretion to deny you access to our Website and/or Apps, Products and Services we offer, and/or terminate your account at any time without notice and for any reason, including, but not limited to, for violation of theseTerms ofService.
We regularly update, amend, delete or change any information provided on our Website and/or Apps. Although we will endeavor to ensure that all information contained on our Website and/or Apps is accurate, we do not guarantee that all information or prices on our Website and/or Apps will be complete and accurate.
Our Website and Apps provide a teleconsulting platform for remote medical consultations, home-based services and other health and information services (“Services”). The Services made available on our Website and Apps 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 pethas any conditions that you know or reasonably be expected to require a physical examination.
Zumvet does not provide any medical advice. While our Website and Apps are 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 and Apps or during private consultations. You may find answers to your questions on our Website and Apps, 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 Zumvet shall in no way be liable or responsible for the same.
Zumvet, our Website and Apps are not your veterinarian. When you participate in online consultations, you understand and agree that the advice given during the consultations are 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 experience at the relevant time. You acknowledge and agree that you shall not hold Zumvet, 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 Zumvet shall not be held liable for any misdiagnoses, acts or omissions of the veterinarians.
Zumvet makes no claims or warranties as to the effectiveness of any Services made available on our Website and Apps. Any Services made available on our Website and Apps 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 Zumvet Website or Apps are at charges to be stipulated by Zumvet 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 Zumvet Website, Apps or Services if you do not agree with the charges.
Unless otherwise provided in these Terms of Service, all purchases of Products and/or Services are final, irreversible and non-refundable.
Our Website and Apps, and the Products and Services made available on our Website and Apps are provided “as is”. Neither Zumvet, the veterinarians, nor any other user of the Website and Apps, 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 Zumvet endeavours to ensure that the veterinarians are validly accredited and/or licensed to practise in their field of expertise, and that the content of our Website and Apps or the Products or Services made available on our Website and Apps satisfy government regulations, Zumvet shall not be held liable for any breach of government regulations which does not result from Zumvet’s acts or omissions, and/or which is beyond Zumvet’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 Serviceare excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, Zumvet disclaims any liability in relation to the same.
To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless Zumvet, 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:
CLAIMS AGAINST ZUMVET
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 and/or Apps 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.
COMPLIANCE WITH LOCAL LAW
Every jurisdiction has its own law and regulations in respect of the use of telemedicine services (the “Local Regulations”). By accessing the Website and/or Apps 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 and/or Apps 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 Singapore. You agree that you access our Website and/or Apps, purchase the Products and use the Services on your own initiative and are responsible for compliance with all local law and regulations.
ZUMVET’S COMPLIANCE WITH LOCAL LAW
The performance of our obligations under these Terms of Serviceis subject to the existing law and legal process in the Republic of Singapore, and nothing contained in these Terms of Serviceis 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 and/or Apps, 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 Serviceshall not operate as a waiver of such right or provision.
TRANSFER OF INFORMATION
CANCELLATION OF ORDERS
Notwithstanding any provisions of these Terms of Service, Zumvet reserves the right to refuse or cancel any order, wholly or in part, for any reason. In the event that Zumvet refuses or cancels any order for any reasons unrelated to any wrongdoings or failure to comply with theseTerms of Service on your part, Zumvet shall refund the fees paid to you for the Products and/or Services that have been refused or cancelled.
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 cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with theseTerms of Service on your part. Further, Zumvet reserves the right to impose a cancellation fee in the event that your orders are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with theseTerms of Service on your part. Zumvet also reserves the right to impose a penalty in the event that you are late for your consultations.
Zumvet retains all right, title and interest in all of Zumvet’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 trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of Zumvet’s Intellectual Property Rights for any reason whatsoever without Zumvet’s prior written consent.
Without limiting the above, Zumvet retains all Intellectual Property Rights over the source code and technical information relating to the Website and Apps, as well as all content and information ("Content") relating to the Website and Apps, 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 you to Zumvet’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use Website and/or Apps and the Products and Services made available through the Website and/or Apps.
You shall not use the name, logo, trade mark, trade name, service mark or other symbol of or associated with Zumvet for any purpose whatsoever without obtaining prior written consent of Zumvet.
GOVERNING LAW & JURISDICTION
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 Singapore law. Both parties accept the exclusive jurisdiction of the courts of Singapore.
The invalidity or the unenforceability for any part of theseTerms of Service shall not affect the validity or enforceability of any other provision of theseTerms 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 Zumvet. Any purported assignment in violation of this clause shall be deemed null and void.
RIGHTS OF THIRD PARTIES
Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) 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 Zumvet, 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 Zumvet or to create liability on the part of Zumvet.
Should you have any comments and/or queries on theseTerms of Service, please send us an email at firstname.lastname@example.org.
SOCIAL SHARING FEATURES AND LINKS TO OTHER WEBSITES
Our Website and/or Apps 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.
ZumVet Pte Ltd, last updated: 4 May 2020
1. Use of the Platform
|1.3.||You agree that you are accessing the Platform as an independent, third-party entity and that you and ZumVet 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 ZumVet’s as reviewed by the Animal and Veterinary Service (AVS), and as updated from time to time.
3. Healthcare Providers’ Obligations
As a Healthcare Provider, you agree to:
|3.1.||hold and maintain all licences, permits and approvals as may be required to provide the Services, including a valid veterinary licence from National Parks Board (NParks) or the Animal and Veterinary Service (AVS);|
|3.2.||possess the appropriate level of training, expertise and experience to provide the Services, and submit documentary proof of your qualifications and valid licences to ZumVet as soon as reasonably practicable or upon request;|
|3.3.||comply at all times with (i) any requirements of the valid veterinary licence issued to you from time to time; and (ii) the Code of Ethics for Veterinarians issued by the Animal & Veterinary Service (AVS) from time to time;|
|3.4.||immediately notify ZumVet of any changes to your licences, permits or qualifications and to update ZumVet with supporting documents as soon as reasonably practicable;|
|3.5.||discuss with ZumVet 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) ZumVet’s 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 ZumVet 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”).
|5.1.||By making available Content on or through the Platform, you:
|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 ZumVet.|
|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 ZumVet or used with permission. You may not use, reproduce, distribute, share or download the Content without ZumVet’s 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 ZumVet.|
7. Use of Name and Profile
|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.|
|8.1.||Confidential information means all confidential information (however recorded or preserved) disclosed to you by ZumVet or its representatives or discovered on the Platform, including but not limited 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 ZumVet, except as permitted by this Confidentiality Clause.|
|8.3.||Upon termination as a Provider on the Platform, all of the ZumVet’s confidential information in your possession will be returned to ZumVet and/or erased from your computer systems (to the extent possible).|
|8.4.||You may disclose ZumVet’s confidential information:
|8.5.||You shall not use ZumVet's 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 ZumVet.|
9. Data Protection
|9.1.||Personal data means data, whether true or not, about an individual who can be identified:
|9.2.||You must comply with all of your obligations under the Personal Data Protection Act 2012 of Singapore and any other applicable legislation in relation to the personal data of the Patients’ owners or authorised caregivers (“Clients”) obtained from the Platform ("Personal Data"), at your own cost.|
|9.3.||You shall only process, use or disclose the Personal Data:
|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 unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of the Personal Data, or other similar risks.|
|10.1.||In providing Services on the Platform or in respect of any separate agreement made with ZumVet, you shall comply with:
|11.1.||You shall indemnify and hold harmless ZumVet, 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:
12. Limitation of Liability
|12.1.||You expressly agree that use of the Platform is at your sole risk. ZumVet provides the Platform on an “as is” and “as available” basis. ZumVet 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 ZumVet 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 ZumVet 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:
|12.4.||The Indemnified Parties shall not be responsible to you nor to any other persons for any:
|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.|
|13.1.||You shall maintain, at your own expense, professional indemnity insurance equivalent to the professional indemnity insurance included with the Singapore Veterinary Association (SVA) membership, and any other insurance in form and amount appropriate to insure your business, property, and to cover any liability to third parties or to your employees or contractors.|
|13.2.||ZumVet may request proof of your insurance coverage at any time.|
|14.1.||You may terminate your account as a Provider on the Platform by emailing to email@example.com.|
|14.2.||ZumVet reserves the right, in its sole discretion, to deny or suspend access to the Platform to anyone for any reason without notice.|
|15.3.||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 ZumVet, if delivered to ZumVet’s registered office address or emailed to firstname.lastname@example.org for the attention of Dr. Su Xiaoting; and to the Provider, if delivered to your registered office address, Practice 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.|
|15.6.||Survival. The termination of any separate agreement made with ZumVet or your account as a Provider on the Platform or shall not affect any rights that may have accrued to ZumVet arising out of or in relation to any breach made by you.|
|15.8.||Currency and GST. All references to prices, fees or rates are in Singapore Dollars (SGD) and exclude Goods and Services Tax (GST) unless otherwise stated.|