Garden Vets at Keele Contract - Garden Vets at Keele

PETCARE SUBSCRIPTION TERMS AND CONDITIONS

1. THESE TERMS

1.1 Our Services. We provide annual pre-paid petcare subscription plans for all veterinary medicine, surgery and healthcare services (“Services”). Our plans provide you with access to initial health-checks, routine check-ups and vaccinations as well as preventive care and other treatments for your pet (“Pet”).

1.2 What these terms cover. These subscription terms and conditions (“Terms”) cover our Services, as further detailed in your petcare plan (“Petcare Plan”). For further details of how our Petcare Plans work (including what is included and excluded from our Services), please visit the FAQs section of our website: https://gardenvetsatkeele.co.uk/faq/ and https://gardenvetsatkeele.co.uk/petcare-plan/. The contract for Services between us and you is made up of these Terms and the Petcare Plan.

1.3 Why you should read them. Please read these Terms carefully before you confirm that you are happy with the content of your Petcare Plan. These Terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.4 The animals we treat. These Terms only cover Services to dogs, cats, rabbits, ferrets, rats, hamsters, guinea pigs and small furries. We do not offer Services to any other animals or pets, unless we agree otherwise with you in writing.

1.5 Status of Terms. The Petcare Plan is a preventative and treatment-based pre-payment healthcare programme for the lifetime of your pet (provided that you continue to pay your Petcare Plan fees, as detailed below). THE PETCARE PLAN IS NOT AN INSURANCE POLICY, NOR IS IT A SUBSTITUE FOR INSURANCE and you expressly acknowledge and agree to the same. We are not insurance providers or brokers and therefore cannot recommend or provide advice relating to insurance products for your Pets. You should consider seeking independent advice if you do consider it would be beneficial to you and your Pet to purchase insurance.

1.6 Confirmation. By signing up to our Services and these Terms, you hereby expressly acknowledge and agree that these subscription services are not regulated by the Financial Conduct Authority or the Prudential Regulation Authority and any associated rights arising from those regulations are hereby expressly waived.

1.7 References. Reference to “you” / “your” means the pet owner. Reference to “our” / “us” / “we “ / “your vet” means Educational & Clinical Research & Innovation Group Limited (CRN: 13639699) and the veterinary practice at Keele University, trading under Garden Vets at Keele. “your Pet” means the Pet registered under your Petcare Plan.

2. INFORMATION ABOUT HOW TO CONTACT US

2.1 Who we are. We are Educational & Clinical Research & Innovation Group Limited (CRN: 13639699) t/a Garden Vets at Keele and our registered address is 85 Great Portland Street, First Floor, London W1W 7LT.

2.2 How to contact us. You can contact us by writing to us at info@gardenvets.com or by submitting a query at https://gardenvetsatkeele.co.uk/contact-us/. You can also contact us through the Web Apps, Companion Apps, Telephone, Direct Message and chat functions where available.

2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTACT WITH YOU

3.1 Acceptance of Services. Your acceptance of our Services and these Terms will take place when you:

sign-up to our subscription services via our website (https://gardenvetsatkeele.co.uk/subscription/);
make the initial first month subscription payment to us (“Initial Payment”); and
we confirm the details of and the ‘start date’ of your Petcare Plan (“Start Date”).

This will form a “contract” between you and us. Once a contract has been made between us (compirising of these Terms and the Petcare Plan), in consideration of you continuing to pay the relevant subscription fees in accordance with clause 5, we will provide the Services to you. Each Petcare Plan will form a separate contract and we may enter into multiple Petcare Plans with you, based on one Pet per plan.

3.2 Warranties. By submitting your request for our Services you are warranting to us that: (a) you agree to, understand and accept these Terms in their entirety; (b) you confirm that you are the legal owner of the Pet that will have the benefit of the Petcare Plan; (c) you will be responsible for all applicable monthly payments for the duration of your subscription term; and (d) you have provided us with complete, accurate and up to date information in relation to your Pet(s) and will keep us updated on such information by informing us immediately should anything change.

3.3 Rejection of orders. If we are unable to accept your request for Services, we will inform you of this in writing and will not charge you any additional fees. We may (at our sole discretion) reject any order for Services. AT ALL TIMES, WE WILL EXERCISE OUR CLINICAL AND PROFESSIONAL JUDGEMENT IN CONSIDERING YOU AND YOUR PET’S BEST INTERESTS. WE RESERVE THE RIGHT TO EXERCISE DISCRETION IN RELATION TO WHETHER SOME SERVICES ARE TO BE PROVIDED AND/OR CONTINUED AS PART OF YOUR PETCARE PLAN AND WE HAVE DISCRETION AS TO THE MEDICATIONS AND TREATMENTS PROVIDED UNDER ANY PETCARE PLAN.

4. SERVICES AND TREATMENTS

4.1 When we will provide the Services. Your Petcare Plan will commence on the Start Date will continue for a minimum fixed duration of 12 months. Subsequent payment will be taken one calendar month after your Start Date. As the costs for the Services are fixed and spread out over a 12 month period, if you cancel your contract partway through this period, you will still be liable to pay us the full annual amount of those costs, unless you cancel in accordance with clauses 5.5 and 7.2, or as otherwise set out in causes 4.2 or 8.1.

4.2 Discounted Service. On completion of the initial health check (first appointment), we may not consider your Pet is in the correct subscription category due to age, clinical observations or other reason. Using our discretion, we may offer you an alternative product (“Alternative”) which our clinical team consider more appropriate, or we may be unable to offer you Services at all and will cancel your subscription. If we do, we will reimburse you for all payments received by us, but may charge you the cost (at non-discounted prices) of any products and services you have already received up to the date of cancellation. You will not be obliged to accept the Alternative and will be entitled to cancel your subscription without incurring the full annual fee.

4.3 Multiple Pets. If you have more than one Pet, you need a separate plan for each Pet.

4.4 Delivering the Services. We will deliver the Services outlined in your Petcare Plan. The Services will be provided by us in accordance with the standards of veterinary care and guidelines set by the Royal College of Veterinary Surgeons (“RCVS”). However, we can only provide the Services pursuant to appointments which you attend, and it is your responsibility to make sure that your Pet attends check-ups in accordance with your Petcare Plan. We can only provide the Services based on the information we have concerning your Pet and you must let us know about all relevant information regarding your Pet including any health or lifestyle related changes after the Services have commenced.

4.5 Your responsibilities. You are responsible for following:

Following our vets’ and nurses’ guidance (written or oral), and for ensuring Your Pet regularly attends the practice for their preventative healthcare checks, and for the timely collection and administration of any prescribed treatment;
Ensuring that you comply with the advice and treatment your vet prescribes for your Pet. We will endeavour to remind you about treatments that are due, but it is your responsibility to ensure that you collect and correctly administer any prescribed treatments that are covered within your Petcare Plan, and you should not rely solely on the complimentary reminders. We will not refund any fees paid by you if you fail to collect any or all products and/or services on your Petcare Plan.

4.6 Advice and allergies. You must use products prescribed by your vet in accordance with their instructions and in accordance with any applicable product data sheets provided. Any prescribed products must not be used on any other pet than the pet they are prescribed for. No refunds will be given in the case of improper use of the products and we will not be liable for any issues arising therefrom. If your Pet has a sensitivity or allergic reaction to any products prescribed on your Petcare Plan, alternative products may be available to your Pet, but these may incur an additional charges not covered by your Petcare Plan.

4.7 Other practices. Your Petcare Plan entitles your Pet to receive treatment by our practice only. If Your Pet requires treatment or you choose to have services or treatment provided by another veterinary practice, those services and/or treatments shall be separate from and shall not be protected under your Petcare Plan.

4.8 Discretion. If you disagree in relation to our exercise of discretion for any treatment, procedure, prescription or otherwise under the Petcare Plan, you are free to opt for a second opinion (either internally with us, or externally with another third party), or to have that treatment, procedure or otherwise carried out elsewhere at another third party veterinary practice. If you opt for any treatment, procedure or otherwise to be carried out by another third party, we shall not be responsible for any damage, losses or injury caused by the actions of those third parties; and we shall not pay any sums whatsoever (either by way of reimbursement, compensation or otherwise) either to you or the relevant third party for such services. We will not be obliged to provide treatments, procedures or any related services recommended by any third parties, not engaged by us.

4.9 We are not responsible for delays outside our control. There may be circumstances where the performance of our Services is affected, prevented or delayed by an event outside our control (“Intervening Event”). Whilst we will do what we reasonably can to minimise these delays and accommodate you and your Pet, we will not be responsible or liable for any delay or failure to perform any of our obligations under the contract.

4.10 For the purposes of clause 4.9 above, an Intervening Event outside our control includes, but is not limited to: fire, explosion, storm, severe adverse weather, flood, earthquake, subsidence, epidemic or pandemic or other communicable or contagious disease, and in each case, any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body), natural disaster, staff strikes or industrial action (including the absence or illness of qualified veterinary staff and/or shortages in the supply of necessary vaccinations or drugs), government action or restrictions, terrorist attack or threat of such attack, war, civil commotion, or failure of public or private power, sewerage, utility or telecommunications hardware or software.

4.11 If an Intervening Event prevents, hinders or delays the performance of our obligations to you under the contract for a continuous period of more than 4 weeks (and provided that you have not agreed an alternative date or accepted a credit note to be used in the future, if applicable) you may terminate the contract by giving written notice to us.

4.12 Emergencies. We will exercise reasonable efforts to expediently meet the needs of your Pet should an emergency arise outside of our typical consulting hours. Although we are an emergency critical care provider (and this is included in our Services) we may, where appropriate, source out of hours care from third parties. Where out of hours services are provided by a third party these terms shall apply to the provision of those services, unless the relevant third party provider requires you to enter into separate terms covering those services directly with that third party provider. It will be your sole responsibility to transport your Pet to any third party providers, unless we advise otherwise.

4.13 Out of hours contact. Our systems are completely digitised. You will have support of online symptom checking and guidance documents (which may also include video consultation). Appointment slots will be available depending on the urgency of the case. You can contact us via the App, telephone or the chat function in case of an emergency.

5. PRICE, PAYMENT AND FEES

5.1 Where to find the price for the Services. The price of the Services will be the price confirmed to you in the Petcare Plan. Prices will be based on the type of product chosen by you and the extent of veterinary services you wish to subscribe to. We take all reasonable care to ensure that the price of the Services advised to you is correct.

5.2 When you must pay and how you must pay. We accept payment by debit or card payments through our managed payment provider, Adyen. These will be recurring card payments, however we sometimes accept ad-hoc payments via direct debit. You must make payments in accordance with and on the dates set out in the Petcare Plan which can be made in advance annually in full, or monthly.

5.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

5.4 Non-payment. If we are unable to collect your monthly payments, we will inform you accordingly and attempt to collect payment from your account within 2 days. You will be charged a £10 administration fee if any of your monthly instalments are unpaid. Your contract may be suspended or terminated (at our discretion) if you default on 2 successive payments. If we are required to instruct external agents to pursue the payment of the outstanding balance owed, then any additional recovery fees incurred will also be payable by you in full and on demand. We also reserve the right to charge a £10 adminstration fee and/or suspend, restrict or otherwise limit our Services in the event that you miss consecutive appointments.

5.5 Price increases. Save as where provided in this clause 5, the price of your Petcare Plan will be fixed for 12 months. We will normally review the Petcare Plan fees once a year, however the cost of supplying veterinary treatment can vary from time to time due to, for instance, fluctuations in the cost of vaccinations and drugs, or an increase in the amount of vaccinations or drugs required due to a change in the size or weight of the Pet receiving that treatment. Costs may also be affected by regulatory, tax and legislation changes.

We therefore reserve the right to vary the amount of your monthly payments , however if we need to vary these, we will give you a minimum of 30 days’ written notice if there are to be any changes.

If you do not agree to the changes, you can terminate your contract for Services by writing to us. Where you choose to pay annually and we notify you of a change to the annual charge for the upcoming year, you are free to not renew.

5.6 No refunds. Unless otherwise specified in these Terms, we will not refund any fees paid by you, including in the case of (i) the death of your Pet; (ii) the death of you; (iii) euthanasia is agreed; (iv) you lose your Pet; or (vi) you move location outside of the catchment area for Services. However, we may choose to offer refunds in exceptional cases, or in the case of administrative errors. If we do, we will only refund payments that we receive after the date you notify us (for example where a payment is being processed on or around the day you notify us).

5.7 Annual payments. Petcare Plan fees will be reviewed periodically and may be subject to increase. If you pay annually you will be notified of the following year’s price when you come to renew your subscription at the end of your existing year.

5.8 Additional Services. Nothing in your Petcare Plan prevents you and your vet agreeing that they will provide additional healthcare, services, and treatments outside your Pet’s entitlement under your Petcare Plan. Any additional healthcare, services or treatments which are not included in your Petcare Plan will incur an additional charge which will be agreed and will be payable separately by you to us.

6. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change or an addition to your Petcare Plan or to any element of the Services, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services (if any) or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. OUR RIGHTS TO MAKE CHANGES

7.1 Minor changes to the Services. We may change any aspect of the Services:

7.1.1 to reflect changes in relevant laws and regulatory requirements and guidance, for example that of the RCVS;

7.1.2 to implement technical adjustments; and/or

7.1.3 to implement any requirement or obligations stipulated by any premises where the Services are to be performed.

These changes will be notified to you as soon as reasonably possible prior to your event date.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You may contact us at any time to end the contract for the Services, but we may charge you for doing so.

8.1.1 If you cancel the contract, it will end immediately and we will not refund you for any element of the Services which have not been provided. The price calculated at the start of your Petcare Plan is fixed and is spread across 12 months. This is the total amount you owe us and no refunds will be offered, subject to clause 5.6.

8.2 Exercising your right to change your mind. You have a legal right to change your mind within 14 days of signing the Petcare Plan. This is known as a “Cooling-off Period”. You may terminate the contract without reason within this period by contacting us in accordance with clause 9.1 below, or by using the attached model cancellation form (although this form is not obligatory). If you exercise your right to terminate during the cooling-off period, we will reimburse you for all payments received by us, but may charge you the cost (at non-discounted prices) of any products and services you have already received up to the date of cancellation (prior to issuing any refund if applicable).

8.3 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract

8.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9. HOW TO END THE CONTRACT WITH US

9.1 To end the contract with us, please let us know by contacting us by writing at info@gardenvets.com or at https://gardenvetsatkeele.co.uk/contact-us/. You can also contact us through the App or by using the chat function.

10. OUR RIGHTS TO SUSPEND AND/OR END THE CONTRACT

10.1 We may suspend or end the contract at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due, in accordance with clause 5.4;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;

10.1.3 you abuse (physically or verbally) any of our vets, staff, agents, subcontractors or any of our other representatives (“Representatives”), or if your Pet behaves dangerously causing injury (or the threat of injury) to any of our Representatives;

10.1.4 you commit any serious breach, or a repeated breach, of any of these Terms.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we may pursue any appropriate action to recover any losses and payments which we have suffered or are liable to pay any third parties.

10.3 General Pet health. If, in our reasonable opinion, you are not able to maintain your Pet’s health due to any act or omission on your part, we may end your contract immediately by giving notice to that effect.

10.4 Lost Pet. Where your Pet is missing you may request a suspension of your Petcare Plan of up to 2 months. You will not be eligible for any new treatments and/or products connected to your Petcare Plan during the period of suspension. At the end of the 2 month suspension, your Petcare Plan must either be cancelled or reinstated. If your Petcare Plan is reinstated, we will reduce the amount of treatment down by the period for which your plan was suspended. If your Petcare Plan is cancelled, a fee may be due in accordance with clause 5. Your vet reserves the right to authorise or deny any request made for a plan suspension.

10.5 Termination. Upon ending your Petcare Plan in accordance with these Terms, you will no longer be eligible to receive any of the plan benefits. This does not exclude your Pet from receiving future treatment or services outside of the Petcare Plan, but any associated discounts and benefits provided under your Petcare Plan will no longer apply.

11. IF THERE IS A PROBLEM WITH THE SERVICES

11.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us in writing at info@gardenvets.com or at https://gardenvetsatkeele.co.uk/contact-us/.

11.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

“you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.”

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable including, but not limited to any loss or damage to third parties. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you specifically discussed it with us.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services. Note – this provision applies to you and not to your Pet.

12.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 Liability Cap. Without prejudice to clause 12.2 above, our total liability arising under or in connection with these Terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to 100% of the total price paid for the Services.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION AND DATA PROTECTION

13.1 Use of personal data. We will use your personal details as set out in our privacy notice, available here: https://gardenvetsatkeele.co.uk/privacy-policy/, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of personal information.

13.2 Contacting you. We will use your personal details in order to send you correspondence by email, SMS or by using the chat function in our App relating to your Petcare Plan including (but not limited to) advice for your Pet, information, services, reminders, benefits. If consent or opt-in has been provided, we may send you discretionary offers which may be of interest. In the event that you do not consent to receive communications by email then benefits relevant to your Petcare Plan (which are only emailed) will not be available to you.

13.3 How we will use your personal information. We will only use your personal information to:

13.3.1 manage and supply the Services to you; and

13.3.2 process your payment for the Services.

13.4 We will only pass-on your personal information to those third parties who require it strictly in relation to the Services, for example agents, subcontractors, referrers and expert providers.

14. OTHER IMPORTANT TERMS

14.1 Allergies. It is your responsibility to inform us or any other relevant third party as soon as possible of any Pet allergies. If we are not informed of such allergies prior to delivering the Services to you, we will not be held responsible for any reactions, illnesses, losses or damages arising therefrom.

14.2 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. We may also instruct subcontractors to carry out any part of the Services as we see fit.

14.3 You need our consent to transfer your rights to someone else. You cannot transfer your Petcare Plan either from your Pet to another pet, or from you to a third party. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.

14.6 Variation. We reserve the right to vary these Terms at any time by providing you with one month’s written notice of any changes.

14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and are subject to the jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms, or its subject matter or formation.

SERVICE-SPECIFIC TERMS AND CONTRACTUAL HIERARCHY

15. SERVICE APPLICABILITY AND CONTRACTUAL PRECEDENCE

15.1 Scope of Subscription Contract: For services purchased under PetCare subscriptions PetCAre Premium (PCP) or PetCare Advanced (PCA) (the “Subscription Services”), the terms and conditions set forth in the “PETCARE SUBSCRIPTION TERMS AND CONDITIONS” (the “Subscription Contract”) shall apply exclusively. This includes but is not limited to terms governing payment, duration, and obligations specific to the Subscription Services.

15.2 Scope of General Terms and Conditions for Additional Services: For any additional services purchased on a non-subscription basis, including ad hoc, one-time, or other non-recurring services (the “Additional Services”), the [General Terms and Conditions of Business] (the “General Terms”) as published on our website at [URL] shall govern.

16. CONTRACTUAL PRECEDENCE

16.1 Hierarchy of Terms: In cases where a consumer purchases both Subscription Services and Additional Services, the Subscription Contract shall take precedence over the General Terms, but only with respect to the Subscription Services. The General Terms shall solely govern the Additional Services and shall not amend or supersede the Subscription Contract’s provisions unless expressly stated in writing.

16.2 Conflicting Terms: In the event of any direct conflict between the Subscription Contract and the General Terms with respect to the Subscription Services, the terms of the Subscription Contract shall prevail. For the Additional Services, the General Terms shall prevail.

We hereby acknowledge, understand and agree to the above Terms which will govern the supply of Services.

SUBSCRIPTION PLAN COVERS FOLLOWING PETS

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