MyDogDoc terms and conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and services (the Products) to you, through our website and any mobile application (together, our Platform).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss this.
2. Information about us and how to contact us
2.1 Who we are. We are MyDogDoc Limited, a company registered in England and Wales with company number 12985061 and whose registered office is situated at Quest House Suite 2, Ground Floor, 125-135 Staines Road, Hounslow, United Kingdom, TW3 3JB (MyDogDoc/we/us/our). Our registered VAT number is 374 9033 79. We are a registered Veterinary Practice Premises (VPP) with the Royal College of Veterinary Surgeons. Our VPP number is 7418877. To confirm our registration or find out more, visit the Royal College of Veterinary Surgeons’ website at https://www.rcvs.org.uk/home/.
2.2 How to contact us. You can contact us by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Your Account
3.1 You must register for an account with us. In order to gain access to the Products and place any order with us, you must register for an account (Account).
3.2 You are responsible for the accuracy of the information provided when you register your account, and for ensuring that your registered account details are kept up to date (including but not limited to your contact and billing details). The details shall include the email address and phone number that we may use to contact you.
3.3 You are responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms and any other applicable terms and conditions, and that they comply with them.
3.4 You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details in clause 2.2
4. Our Platform
4.1 We may make changes to our Platform. We may update and change our Platform from time to time to reflect changes to our products, our users’ needs and our business priorities.
4.2 We may suspend or withdraw our Platform. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.3 Intellectual property rights and how you may use our material on our Platform. We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must:-
- not copy, share, download, store (in any medium), transmit, show in public or adapt any content found on our Platform without our prior written consent;
- acknowledge our status (and that of any identified contributors) as the authors of content on our Platform;
- not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you breach these terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.4 Do not rely on information on this Platform. The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
4.5 We are not responsible for websites we link to. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
5. User Content
5.1 User-generated content is not approved by us. Our Platform may include information and materials uploaded by other users of the Platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.
5.2 Uploading content to our Platform. Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you:-
(a) must comply with the acceptable use and content standards set out in clause 6;
(b) warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.3 Any content you upload to our Platform will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
5.4 We can disclose your identity. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
5.5 We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in clause 6. You are solely responsible for securing and backing up your content.
5.6 Rights you are giving us to use material you upload. When you upload or post content to our Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Platform and across different media including to promote the Platform.
5.7 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
5.8 Rules about linking to our Platform. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not:-
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(b) establish a link to our Platform in any website that is not owned by you.
(c) frame our Platform on any other website, nor may you create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in clause 6.
6. Acceptable Use and Content Standards
6.1 You must not infringe our intellectual property rights or those of any third party in
relation to your use of the Platform.
6.2 You must not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems, software, Platform or security or interfere with other users.
6.3 You must not collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running our Platform.
6.4 You must not upload content to the Platform, make contact with other users, link to the website, or interact with the Platform in any way:-
(a) which breaches any applicable local, national or international law or regulation;
(b) is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to bully, insult, intimidate or humiliate any person;
(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at clause 6.5; or
(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
6.5 You must comply with our content standards. These content standards (Content Standards) apply to any and all material which you contribute to the Platform (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
(a) A Contribution must:
(i) be accurate (where it states facts).
(ii) be genuinely held (where it states opinions); and
(iii) comply with the law applicable in England and Wales and in any country from which it is posted.
(b) A Contribution must not:-
(i) be defamatory of any person, threatening, obscene, offensive, hateful or inflammatory;
(ii) bully, insult, intimidate or humiliate;
(iii) be likely to harass, upset, embarrass, alarm or annoy any other person;
(iv) include child sexual abuse material;
(v) promote violence;
(vi) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vii) infringe any copyright, database right or trade mark of any other person;
(viii) be likely to deceive any person;
(ix) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(x) promote any illegal content or activity or be in contempt of court;
(xi) impersonate any person or misrepresent your identity or affiliation with any person;
(xii) give the impression that the Contribution emanates from us, if this is not the case;
(xiii) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
(xiv) contain a statement which you know, believe, or have reasonable grounds for believing, that members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
(xv) contain any advertising or promote any services or web links to other sites.
When we consider that a breach of this clause 6 has occurred (in our absolute and sole discretion), we may take such action as we deem appropriate, and such breach may result in our taking all or any of the following actions:
(a) ending your right to use the Platform in accordance with clause 17.1;
(b) immediate, temporary or permanent removal of any Contribution uploaded by you to the Platform;
(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, or further legal action against you;
(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.7 We exclude our liability for all action we may take in response to breaches of this clause 6. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
7. Our contract with you
7.1 How we will accept your order. This clause details how we will accept your order for online veterinary consultations via video call, either as a one-off or as part of a subscription (Consultations), and goods.
(a) Subscription Consultations. Our acceptance of your order for a subscription to receive Consultations on an ongoing basis, as further detailed on our Platform (a Subscription), will take place when your subscription appears as confirmed in your Account, at which point a contract will come into existence between you and us.
(b) One-off Consultations. Our acceptance of your order for a one-off Consultation (if you do not have a Subscription) will take place when your appointment appears as confirmed in your Account, at which point a contract will come into existence between you and us.
(c) Goods. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
7.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This might be because a Product is out of stock, there are unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the price or description, a Product is unsuitable for your dog, any information you have submitted is incorrect, or because we are unable to meet a delivery deadline you have specified.
7.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
7.4 We only sell to the UK. Our Platform is solely for use and the sale of our Products in the UK.
8.1 Products may vary slightly from their pictures. Any images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
8.2 Product packaging may vary. The packaging of the Product may vary from that shown in any images on our Platform.
9. Vets and consultations
9.1 Consultations. Consultations are provided via video call. Video calls may be recorded. The intellectual property rights for any videos or photos you share with us, or are created, as part of a Consultation process belong to you. We and any veterinary team employed or engaged by us have the right to store these videos and images, and copy and use these videos and images to enable us to provide our services to you. We may share videos and photos with your primary healthcare provider or another veterinary care provider, and anyone else in relation to the provision of the Products. We may use, copy and share any videos or photos in relation to articles or publications on an anonymised basis.
9.2 Vets. Consultations will be attended by a qualified and experienced veterinary surgeon
(Vet). Vets are registered with the Royal College of Veterinary Surgeons.
9.3 We are not your primary healthcare provider. Neither we, nor the Vet attending a Consultation, is the primary healthcare provider for your dog as we are unable to perform a physical examination of your dog in person. We are therefore unable to make a formal diagnosis or prescribe medication for your dog. The Vet can discuss possible underlying issues and will devise a plan for your dog’s care, which may involve you and your dog needing to see your primary healthcare provider or another veterinary care provider in person. Our services do not replace traditional veterinary care, but instead is an addition to in-clinic veterinary care provided by your primary healthcare provider or another veterinary care provider in person.
9.4 We may share or request information. We may contact your primary healthcare provider to request your dog’s medical history or any other information or records as required. We may share any information or records taken, provided or created during a Consultation or otherwise with your primary healthcare provider or another veterinary care provider if required.
9.5 If there is a change in your dog’s condition. If this happens while waiting for your Consultation or after your Consultation, please book another Consultation, or see your primary healthcare provider or another vet. If you are concerned about your dog’s condition or any deterioration in your dog’s health, contact your primary healthcare provider or an emergency vet, if required.
9.6 It is your responsibility to determine if a condition is an emergency. You remain responsible for determining if your dog’s condition is an emergency which requires immediate attention by your primary healthcare provider or an emergency vet.
9.7 We are not responsible for a vet’s advice. We are not responsible for any advice, treatment or diagnosis provided, including any advice, treatment or diagnosis provided during a Consultation, phone call or in writing. We are not liable for malpractice with regards to the advice treatment or diagnosis given by any Vet.
10.1 We are unable to prescribe POM-V medications during a Consultation or otherwise. Prescribing these medicines requires a physical examination by a veterinary surgeon.
10.2 We can arrange for delivery of POM-V medications if you provide us with a valid, written prescription from your primary healthcare provider or another veterinary care provider. The prescription must only be provided to us following a physical examination by a fully qualified and experienced veterinary surgeon. Any prescription must be emailed to us at firstname.lastname@example.org, or, by uploading the prescription before checkout on our Platform.
10.3 We reserve the right to refuse any prescription or refuse to supply any POM-V medication. If we refuse, we will refund you for any goods you have been charged for but not supplied with.
11.1 If you suspect your dog has had an adverse event to a medication, this should be reported using this online form https://www.vmd.defra.gov.uk/adversereactionreporting/Product.aspx?SARType=Anim alDetails of veterinary medicines can be found at https://www.vmd.defra.gov.uk/productinformationdatabase/
11.2 We are not responsible for any adverse reaction your dog has to any medication or other Product.
11.3 We have no control over expiry dates. When medications are supplied to us, we have no control on the expiry dates and as such cannot guarantee the expiry date on any Product. It is your responsibility to check the expiry dates with us before purchasing for any Product.
12. Your rights to make changes
If you wish to make a change to the Product you have ordered 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 Product, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause see clause 15 – Your rights to end the contract).
13. Our rights to make changes
13.1 Minor changes to the Products. We may change the Product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.
13.2 More significant changes to the Products and these terms. In addition, we may make more significant changes to these terms or the Product, or substitute goods if any goods you have ordered are not available, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
14. Providing the products
14.1 Delivery costs. Any costs of delivery will be as displayed to you on our Platform.
14.2 When we will provide the Products.
(a) Subscription Consultations. We will supply the services to you until either the services are completed or the subscription expires (if applicable), or you end the contract as described in clause 15, or we end the contract by written notice to you as described in clause 17.
(b) One-off Consultations. We will begin the services on the date agreed with you during the order process.
(c) Goods. We will deliver goods to you within the timeframe specified on our Platform.
14.3 If you are not available when the Product is delivered.
(a) Consultations. If you do not answer a video call in respect of a Consultation in order for us to perform the services as arranged we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you, we may end the contract and clause 17.2 will apply.
(b) Goods. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, and you do not re-arrange delivery or collect them from a delivery depot (as per any instructions given by the delivery provider), we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 17.2 will apply.
14.4 When you become responsible for the goods. When you purchase goods, they will be your responsibility from the time we deliver the goods to the address you gave us.
14.5 When you own the goods. You own any goods you have purchased once we have received payment in full.
14.6 Your responsibility to check the goods. When you purchase goods from us, before using them you guarantee that you will:
14.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your dog’s name, your name, address, phone number and other contact details. For certain Products we may need further information about your dog, for example any allergies, any current medication, any ongoing health conditions, your dog’s weight, and any other medical history or information, or if applicable, a valid written prescription. If so, this will have been requested on our Platform or through the order process, or we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 17.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you, or your primary healthcare provider, not giving us the information we need within a reasonable time of us asking for it.
14.8 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
14.9 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes; o
(b) update the Product to reflect changes in relevant laws and regulatory requirements.
(a) check that the goods you received are correct;
(b) read all information contained on and within the goods including any
information supplied with the order regarding the correct use of the goods;
(c) ensure that you understand the product information and are competent and
able to use the goods safely; and
(d) follow any advice given to you by a Vet regarding use of the goods.
Please contact us if you are unsure about anything relating to any of the Products.
14.10 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 1 continuous week we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 continuous weeks and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
14.11 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid amount. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 19.5).
15. Your rights to end the contract
15.1 You can always end your contract with us. Your rights when you end the contract will depend on the following:-:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 18;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 15.2;
(c) If you have just changed your mind about the Product, see Error! Bookmark not defined.15.3 and 15.4;
(d) If you want to cancel a one-off Consultation, see clause 15.5; or
(e) If you want to end your Subscription, see clause 15.6.
15.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 13.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; 12
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 14.8);
- (d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 continuous weeks(see clause 14.10); and
- (e) you have a legal right to end the contract because of something we have done wrong.
15.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in respect of:
(a) One-off Consultations, other than under clause 15.5;
(b) goods which are liable to deteriorate or expire rapidly, for example perishable food.
(c) goods which are sealed for health protection or hygiene reasons and which become unsealed or opened after delivery, for example medication and medicines, dog beds, dog leads and collars, dog grooming products, dog toys and dog bowls; and
(d) any Products which become mixed inseparably with other items after their delivery.
15.4 How long do I have to change my mind? If you have the right to change your mind, you can do so in accordance with the following time periods.
(a) Subscriptions. You have 14 days after the day we email you to confirm we accept your order for a Subscription. If you change your mind after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Goods. You have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
15.5 Cancelling a one-off Consultation. You can cancel a one-off consultation up to 24 hours before it is due to start.
15.6 Ending your Subscription. If you want to end your Subscription and you are not within the 14 day period referred to in clause 15.4, you can cancel in accordance with the notice period detailed on our Platform or within your Account.
16. 16. How to end the contract with us (including if you have changed your mind)
16.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Write to us using the contact details in clause 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. In respect of Consultations, on our Platform through your Account.
16.2 Returning goods after ending the contract. If you end the contract after goods have been dispatched to you or you have received them, we may require you to return them to us. Please contact us using the contact details in clause 2.2 for a returns label. If you are exercising your right to change your mind and we require you to return the goods, you must send off the goods within 14 days of telling us you wish to end the contract.
16.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
16.4 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
16.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
16.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) Consultations. Your refund will be made within 14 days of your telling us you have changed your mind.
(b) Goods. Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with either evidence that you have sent the Product back to us or any other evidence we may request instead of you returning the goods.
17. Our rights to end the contract
17.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not allow us to perform the services (see clause 14.3(a)); or
(c) you do not, within a reasonable time, allow us to deliver the Products to you (see clause 14.3(b));
(d) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products (see clause 14.7);
(e) you provide us with incorrect, misleading or fraudulent information or provide us with a fraudulent prescription. If it is found that you have submitted a fraudulent prescription or altered a prescription without the express permission of the prescriber, you will no longer be allowed to purchase any medications through MyDogDoc and will be reported to the Veterinary Medicines Directorate. Submitting a fraudulent prescription or altering a prescription is an offence; or
(f) breach our Acceptable Use and Content Standards at clause 6
17.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 17.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
17.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
18. If there is a problem with the Product
18.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us using the contact details in clause 2.2. We will acknowledge receipt of any complaint within 7 days. It may take up to 28 days to respond in full after investigating the circumstances surrounding your complaint. If a complaint relates to a veterinary medicine only (and not our services), you can contact the Veterinary Medicines Directorate at email@example.com.
18.2 Legal Duty. We are under a legal duty to supply Products that are in conformity with this contract.
18.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products we may ask you to post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please using the contact details in clause 2.2 for a returns label. We may ask you to provide evidence of the reason for rejecting the Products, instead of you returning them to us.
19. Price and payment
19.1 Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 19.3 for what happens if we discover an error in the price of the Product you order.
19.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
19.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
19.4 When you must pay and how you must pay. We accept payment via the debit or credit cards listed on our Platform. When you must pay depends on what Product you are buying:
(a) Consultations. You must pay for a one-off Consultation or a Subscription at the time your order for such is placed.
(b) Goods. You must pay for the Products before we dispatch them.
19.5 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 2% a year above the Bank of England base rate 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.
20. Our responsibility for loss or damage suffered by you
20.1 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. 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 discussed it with us during the sales process.
20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987. 17
20.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products 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.
21. How we may use your personal information
22. Other important terms
22.1 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.
22.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (and we will not withhold our agreement without reasonable justification, which we will inform you of).
22.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 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.
22.5 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 and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
22.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.