Terms of service

1. About the Site

1.1. The MyVet digital platform (‘Site’) which includes the website www.myvet.co.nz (the 'Website') provide online retail and pharmaceutical products, and pet health and wellness advice.

1.2. The Site is operated by Your Pet PA Limited (NZBN 9429049957556) trading as MyVet (“MyVet”). Access to and use of the Site, or any of its associated products or services, is provided by MyVet. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Site, 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 Site immediately.

1.3. MyVet reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MyVet updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. 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.

2. Acceptance of the Terms

You accept the Terms by accessing, using or remaining on the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MyVet in the user interface.

3. Pet Health Advice, Products and Services

3.1. Information presented on the Site is of a general nature and is not intended to be medically prescriptive or a substitute for professional pet or veterinary healthcare advice.

3.2. Information presented on the Site is not a substitute for professional health or other advice and is in no way intended to be used or relied upon to diagnose or treat the health condition of any animal, as a prognosis of any health condition or as pet owner consent or authorisation. Always consult an appropriate health professional before relying on any information provided on the Site or in a Service.

3.3. Documents and graphics published on the Site may include inaccuracies or typographical errors.

3.4. You accept that MyVet cannot be held liable for any damage or loss arising from your reliance on information provided on the Site in such circumstances.

4. Payment

4.1. Where the option is given to you, you may make payment for products or services by way of credit card payment.

4.2. Payments made in the course of your use of the Site may be through a third party provider. In using the Site, you warrant that you have read, understood and agree to be bound by the terms and conditions of any such third party provider which will be available on their website.

4.3. You acknowledge and agree that where a request for a payment 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 payment.

4.4. You agree and acknowledge that MyVet can vary prices of products and services at any time.

5. Copyright and Intellectual Property

5.1. The Site and all of the related products of MyVet are subject to copyright. The material on the Site is protected by copyright under the laws of New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by MyVet or its contributors.

5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by MyVet, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Site pursuant to the Terms;

(b) copy and store the Site and the material contained in the Site in your device’s cache memory; and

(c) print pages from the Site for your own personal and non-commercial use. MyVet does not grant you any other rights whatsoever in relation to the Site. All other rights are expressly reserved by MyVet.

5.3. MyVet retains all rights, title and interest in and to the Site. Nothing you do on or in relation to the Site will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark 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.

5.4. You may not, without the prior written permission of MyVet and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way MyVet’s services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Site which are freely available for re-use or are in the public domain.

6. Privacy

6.1. MyVet takes your privacy seriously and any information provided through your use of the Site are subject to MyVet’s Privacy Policy, which is available on the Site.

7. General Disclaimer

7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including New Zealand consumer laws (or any liability under them) which by law may not be limited or excluded.

7.2. Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

7.3. MyVet 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 these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

7.4. Use of the Site is at your own risk. Everything on the Site 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 and licensors of MyVet make any express or implied representation or warranty about any products or services (including the products or services of MyVet) referred to on the Site. 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 Site or any related products or services (including third party material and advertisements on the Site);

(d) the operation in respect to links which are provided for your convenience.

7.5. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

8. Limitation of liability

8.1. You expressly understand and agree that MyVet, its affiliates, employees, agents, contributors 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 shall 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.

8.2. You agree that MyVet will not be liable for any information and services provided via the Site or as a result of an enquiry submitted via the Site.

9. Termination of Contract

9.1. The Terms will continue to apply until terminated by either you or by MyVet as set out below.

9.2. If you want to terminate the Terms, you may do so by:

(a) providing MyVet with 5 days’ notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where MyVet has made this option available to you. Your notice should be sent, in writing, to MyVet by the contact details available on our Site.

9.3. MyVet 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; or

(b) MyVet is required to do so by law.

9.4. Subject to local applicable laws, MyVet reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts MyVet’s name or reputation or violates the rights of those of another party.

10. Indemnity

You agree to indemnify MyVet, its 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 Site or attempts to do so; and/or

11. Dispute Resolution

11.1. 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 sort).

11.2. 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.

11.3. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) Within 14 days of the Notice endeavour 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, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc or his or her 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 Auckland, New Zealand.

11.4. 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.

11.5. 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.

12. Venue and Jurisdiction

The Site offered by MyVet is intended to be viewed by residents of New Zealand. In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of New Zealand.

13. Governing Law

The Terms are governed by the laws of New Zealand. 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 Zealand, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14. Independent Legal Advice

14.1. It is recommended that you seek your own legal advice regarding these Terms.

14.2. You acknowledge that you are aware of your rights to obtain independent legal advice, and regardless of whether you have exercised this right, you confirm and declare that you understand these Terms, agree that the provisions of the Terms are fair and reasonable, and that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

15. 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.

16. Contact

If you have any questions or concerns about the Site or about these Terms, please send us a message via our contact form on the Site or by email to info@myvet.co.nz