PET HEALTH CARE PLANS: TERMS & CONDITIONS

1 WHO ARE WE

We are Kin Vet Community Holdings Ltd of Sidney House, Western Way, Bury St. Edmunds, England, IP33 3SP (incorporated and existing in accordance with the laws of the United Kingdom with company number 14870035).
We are responsible for providing you with the Pet Health Care Plans (the “Plans”) through our partner clinics (each a Clinic) who will provide veterinary products and services (each a Product and/or a Service) which are included in the Plan to which a pet may be subscribed (each pet a Subscribed Pet).

Full detail details of available Products can be found within the information and documentation that we provide when you subscribe for a Plan (the Sign-Up Information). For the avoidance of doubt, plans are not transferrable between pets and your Plan entitles you to use Products and Services only in respect of the Subscribed Pet.

Whilst you contract with us when you subscribe to a Plan, there is also a contract between you and the Clinic for the provision of any Services and Products detailed in your Plan. The Plan is not transferable to other veterinary practices.
You can find everything you need to know about us, and our services on our website, in our brochures or from our sales staff before you order. We also confirm the key information to you in writing before or after you order, either by email, in your online account or on paper.

You should read these Terms in detail before signing up to a Plan. If you have any questions about the Terms, then you should contact Us or the Clinic straight away. Once you agree to subscribe to a Plan you will be bound by these Terms in respect to the provision of that Plan.

2 WHO ARE TRUSTVET

TrustVet Limited (TrustVet) is a company incorporated in Ireland under registration number 579692 and whose registered office is Maynooth Business Campus, Maynooth, Co. Kildare, Ireland.
TrustVet will provide the platform through which the Plans are offered to you and assist with administration of your Plan (including taking payments). Your engagement with TrustVet may be subject to additional terms and conditions.

3 YOUR REGISTRATION IS CONFIRMED WHEN WE CONTACT YOU

We may contact you to confirm we’ve received your application and then we contact you again and we accept it when we confirm that you have been enrolled on the Plan or otherwise commence supplying any services to you.

4 SOMETIMES WE REJECT APPLICATIONS

Sometimes we reject applications to purchase a Plan, for example, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (i.e. as to subscribe to a Plan and enter into a contract with us or the Clinic, you must be 18 years of age or over.), because you are located outside the UK or because the Plan was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

The Clinic may deem a Plan to be inappropriate for the Subscribed Pet (for example, where a pet’s weight has increased such that the Products offered on the Plan are inadequate). In such instances you may be required to upgrade your Plan to a more appropriate Plan.

5 YOUR PLAN DURATION – PLEASE READ THIS SECTION CAREFULLY

Duration

Our Plans are designed to help customers spread veterinary costs in respect of the Products and Services offered by any Clinic we work with over a 12 month period, by making monthly in advance payments to the Clinic. Because your costs for the Products and Services are spread over 12 months, this is a fixed-term 12 month agreement and you cannot terminate the agreement or stop paying the any agreed Monthly Instalments (as defined at para 7 below) other than at the end of a 12 month period. The Subscription Fees are payable in 12 equal Monthly Instalments in advance.

Renewal

Your Plan will run for an initial term (Subscription Period) of 12 months and, on expiry of that 12 month period, will automatically renew at each anniversary, for a further Subscription Period of 12 months, until such time as it is terminated by you or us.
We will send you a reminder that your plan is due to renew at least 30 days before your Plan is due to end.

If you do not wish your subscription to a Plan to renew automatically at the end of the Subscription Period, you must notify either the Clinic or the Company in writing before your Plan is due to end.

If you do not notify us, it will automatically renew and charges will be made to your account. It is your responsibility to notify Us or the Clinic of your intention not to renew the Plan, in advance of renewal.

Cancellation

All Plans run for a period of 12 months and Plans can only be cancelled by contacting the Clinic.
Where you are attempting to cancel your Plan other than where we or the Clinic have breached this agreement or any agreement you may have with the Clinic for the provision of their Products and Services:
a) the Clinic reserves the right, in its sole discretion, to allow or to refuse the cancellation of the Plan;
b) in the event that the Plan is cancelled before the end of the Subscription Period, a cancellation fee may be payable to the Clinic to reflect the losses which the Clinic may suffer in connection with your cancellation and costs incurred during the Subscription period which will be calculated as the lower of:
a. the remaining Monthly Instalments due to the end of the Subscription Period; and
b. the value of the Products and Services provided by the Clinic and consumed by the Subscribed Pet, at list price, in respect of the current Subscription Period.

Deceased Pets

We recognise that the death of a pet can be a very sad and traumatic event. In the event of the death of the Subscribed Pet, the Plan will cancel.

You must notify the Clinic as soon as practicable that the Subscribed Pet is deceased and request that the Plan be cancelled with immediate effect. Failure to notify the Clinic may result in further charges to your account. Depending on the circumstances and the time left on your Plan, the Clinic may opt to either charge or waive any cancellation fee (i.e. covering future Products and/or Services) in such circumstances.

Under no circumstances will amounts already paid in respect of the Subscription Period be refunded.

6 PRODUCTS AND SERVICES

For the avoidance of doubt, there is no insured benefit with the plan. This is not an insurance policy.
Any Products and Services will be provided to you by the Clinic. Your Purchase entitles the Subscribed Pet to receive the Products and Services listed in your Plan and only those Products and Services.

What is included in your Plan

Full details of what Products and Services are included in the Plan are included on the Sign-Up Information and up to date details of what Products and Services are included in our Plans can be obtained from the Clinic.
What is not included in your Plan and payments
For the avoidance of doubt, the following are not included in Plans:
6.1.1 visits outside of normal opening hours at a Clinic without prior agreement of the Clinic and at its sole discretion;
6.1.2 visits to your home, or any premises other than the Clinic’s premises;
6.1.3 third-party treatments, consultations and all other services at or visits to any other veterinary clinics. This includes third party out of hours providers (whether at a Clinic or otherwise) and referral centres other than partner Clinics;
6.1.4 treatments or visits for pets other than the Subscribed Pet;
6.1.5 medication or surgeries, unless explicitly included in your Plan;
6.1.6 specialist treatment which may be required from veterinary surgeons who are not employed by or affiliated with the Clinic; or
6.1.7 euthanasia, cremation or burial of the Subscribed Pet.

In addition, your payments under your Plan do not include any:

6.1.1 fees incurred during a consultation, examples being (but not limited to) diagnostic testing, injections or medications, referral consultations or visiting specialist consultations;
6.1.2 internal referrals or second opinions / consult fees with vets that subcontracted by the Clinic; or
6.1.3 laboratory blood and urine analysis tests outside the basic wellness tests included in Plans and at the sole discretion of the clinic’s veterinary surgeon.

Please note that the Plan does not prevent the Subscribed Pet from receiving treatment or services and products which are not included in the Plan but you will be responsible for paying for such treatment, services and products at the prevailing list prices. Where your Subscribed Pet receives medication or additional tests or treatments that are not covered under your Plan, you must pay the Clinic for these treatments at the time of your visit.

Changes to your Plan

Where either we or the Clinic proposes to make what, in our reasonable option, we consider to be a material change to your Plan or the Products or Services offered by the Clinic under your Plan, we will provide you with not less than 30 days written notice of such change. If you do not wish the Plan to continue having regard to any change notified to you, you may terminate the Plan by giving us written notice of the same. Correspondence sent to the email address provided by us will be treated as adequate notice.
The Clinic reserves the right, in its sole discretion, to introduce a fair usage policy in respect of unlimited Products and/or unlimited Services which may be offered as part of the Plan.

Vidivet

The Clinic shall provide access to and introduction of Vidivet services if included as a service with your Plan. In this respect:
6.1.1 use of Vidivet services shall be subject to Vidivet’s terms and conditions;
6.1.2 neither we nor the Clinic shall have any responsibility or liability for any complaints, legal actions, claims, costs, or expenses arising from or related to the use of Vidivet services by you.

Web Services

As part of the Plan, we provide online services through the TrustVet portal (TrustVet Portal) (or via other means) including the information services, content and transaction capabilities on the TrustVet Portal, the ability to create a subscription and the ability to charge you for Products and Services at regular intervals or otherwise to facilitate the provision of pet health care plans by the Clinic through the TrustVet Portal (such services the Web Services).

Clinical Services

We act purely as a processor on behalf of the Clinic and are not involved in the provision of the Products or the Services. Your receipt of each Product and/or Service directly from the Clinic is solely a matter between you and the Clinic, and is outside the scope of the Terms.
Your correspondence with, or dealings with, or participation with, clinics that may be found on our website from time to time, are solely between you and such Clinic. You agree that, except where caused directly by us, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such clinics on your website.

If you subscribe to a Plan, it is the Clinic and not us that is:

6.1.1 the party with whom you are contracting in order to provide the Products and Services;
6.1.2 the seller of the Products and Services;
6.1.3 solely responsible for providing the Services to you in accordance with the description provided at the time that you purchased the Plan; and
6.1.4 solely responsible for supplying any Products to you in accordance with the description provided at the time that you purchase the Plan.

The Clinic may require you to make an appointment (which may be at your cost depending on which Plan you purchase), to provide the Products or Services included within the plan. For the avoidance of doubt, this includes the need to physically examine the Subscribed Pet before further products or services can be prescribed by a Veterinary Surgeon under the Royal College of Veterinary Surgeon’s (RCVS) prescribing guidelines.

Your legal rights are summarised below but the Clinic can provide you with additional information in relation to your legal rights in using the Services and purchasing Products. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights

If you are buying goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund.
• Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  If you are buying services, the Consumer Rights Act 2015 says:
• You can ask a trader 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 a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
• If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

Complaints and Refusal of Service

If you are not satisfied with any aspect of the Product or Service, your complaint should be addressed to the Clinic as a point of first recourse. In the event of a dispute between you and the Clinic, and where a refund is requested, we shall reserve the right, in our sole discretion, to address any such refund request in accordance with applicable laws.

In order to make a complaint in relation to the provision of the Web Services, please contact us at kincareclub@kinvet.co.uk. We will be pleased to help you to the best of our ability.

If the Clinic refuses to, or is unable to, supply some or all of the Products or Services, in accordance with the terms of the Plan, Please initially make contact with your clinic as per the complaints procedure listed on our website.

We will be pleased to make enquiries on your behalf and to help you to the best of our ability.

We shall address any refund request arising from refusal of service in accordance with applicable laws.

7 YOUR OBLIGATIONS

Responsibilities

It is your responsibility to ensure that:

7.1.1 you have read, accepted and understood the Terms attaching to the Plan and the Terms before completing your application;
7.1.2 you comply with the Terms, which include the Privacy Policy, which may be updated by us from time to time and any additional terms, including fair usage policies, attached to the Plan by the Clinic which are notified to you from time to time;
7.1.3 the Products and Services offered by the Clinic, and which will be made available by the Clinic when you choose to Purchase a Plan, meet your specific requirements before you purchase a Plan or receive/use of the Services or Products;
7.1.4 you have provided a valid email address;
7.1.5 you attend the appointments suggested by the Clinic. You agree that where you fail to attend a scheduled appointment, the Clinic shall have fulfilled its obligations in relation to the provision of the appointment, and that should you wish to reschedule such an appointment you may be charged at list price by the Clinic for the rescheduled appointment;
7.1.6 you fully understand what is required for each appointment, for example, you may be required to provide a urine sample from the Subscribed Pet. If you need assistance please contact the Clinic; and
7.1.7 your pet attends the Clinic regularly and that you comply with the treatment, Services and Products prescribe by the Clinic for your pet. If, in the Clinic’s reasonable opinion, they are not able to maintain your pet’s health due to any act or omission on your part, the Clinic may end the Plan immediately by giving notice to that effect.

Where your Plan includes flea and worm preventative Products, the Clinic may dispense a maximum of 3 months Product at any given time. It is your responsibility to collect any Product due to you in a timely manner. The decision of which Product is most appropriate for the Subscribed Pet’s needs rests entirely with the veterinary surgeon on duty at the Clinic.

Where you have multiple pets that are similar in appearance, the Subscribed Pet must be microchipped or otherwise identifiable as the Subscribed Pet, unless each of the pets are Subscribed Pets.

Services or Products listed in your Plan are available for the duration of the current Subscription Period. It is your responsibility to use Products or Services listed in the Plan during the Subscription Period. Products or Services not used during the Subscription Period, will not be provided after the Subscription Period, or in a subsequent Subscription Period. For the avoidance of doubt, there can be no carry-over of Plan benefits after the end of the Subscription Period.

Restrictions

The following activities are expressly prohibited, and You agree not to do (or to permit anyone else to do) any of the following:

7.1.1 transfer the Plan to a pet other than the Subscribed Pet;
7.1.2 provide false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
7.1.3 entering into fraudulent interactions or transactions with us or the Clinic (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party); or
7.1.4 using the Products, the Services in breach of the Terms.

8 WHEN AND HOW WE WILL CHARGE YOU

Payment of fees which you owe under your Plan (Subscription Fees) will be collected on our behalf by TrustVet and the following additional terms and conditions may apply to receipt of services from TrustVet.

You agree to make monthly payment (Monthly Instalments) of your Subscription Fees in advance for the Products and Services. The amount of such Subscription Fees will be detailed for you on the Sign-Up Information when you purchase a Plan for a pet.

Payments of Subscription Fees are made by way of a recurring charge to the credit card or debit card provided.
You agree that the Subscription Fee will be billed and will fall due automatically at the beginning of each month and you grant us permission to charge the Subscription Fee to the card or account provided, in accordance with the billing schedule outlined on the Sign-Up Information, in respect of each month during the Subscription Period.

Charges for any subsequent Subscription Period will be at the same level as the preceding Subscription Period, unless We or the Clinic have notified you otherwise, or you have upgraded or downgraded your Plan.
Offers and discounts included in the Plan cannot be combined with other discounts.

If you fail to pay

If you fail to make any monthly payment on the due date for payment, we may suspend the provision of Products and Services to you until you have paid the overdue sum in full or else may terminate our contract with you in the event of non-payment, as specified below.
Where a payment is past due, we will attempt to charge the credit/debit card provided until the payment is successful. It is your responsibility to provide us with updated card details or bank account details if you or your bank make any changes to these details. Failure to notify us of such changes may result in your access to the Services or Products being suspended or cancelled.

9 VAT CHANGES AND CHANGES TO YOUR PAYMENTS

All payments are inclusive of value added tax (VAT). VAT rates may change, and we may increase or decrease any Monthly Instalments or other sums due to take account of increases or decreases in VAT rates, on providing notice to you. For the avoidance of doubt, it is the Clinic and not us who are responsible for the remittance of VAT to the Revenue Commissioners in respect of the provision of Products and Services.

The Clinic reserves the right to change the price of your Plan on the anniversary date of your Plan. The Company and/or the Clinic will notify you of the changed subscription amount. Correspondence sent to the e-mail address provided by you will be treated as adequate notice of such a change.

If you do not agree with the change, you may terminate your agreement by giving us notice within 30 days of receiving notice of the change.

10 WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of any services that we provide is delayed by an event outside our control or we become aware of any such issue which may have an impact on the Plan, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact your Clinic to end the contract and receive a refund for any Products or Services you have paid for in advance, but not received.

11 YOU’RE RESPONSIBLE FOR MAKING SURE YOUR INFORMATION IS ACCURATE

If we’ve asked you for information relating to the Plan, you’re responsible for making sure that information is correct.

12 IF YOU SUBSCRIBED ONLINE, OVER THE TELEPHONE ON YOUR DOORSTEP, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND

For most of services ordered or subscribed for online, by mail order, over the telephone or on your doorstep, you have 14 days after the date we confirm your subscription or the date on which you renew your Plan to change your mind, but please note that you lose the right to cancel any service, when it’s been provided and so, if you receive any Products or Services during the 14 day period, you must pay for any Products or Services provided up the time you cancel.

If you change your mind contact your Clinic.

We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

13 WE CAN CHANGE OR SUSPEND THE PLAN, PRODUCTS AND SERVICES AND THESE TERMS

In addition to the other changes outlined in these Terms, we can always change the Plan and the Clinic may change any Product and/or Service:
13.1.1 to reflect changes in relevant laws and regulatory requirements; and
13.1.2 to make minor technical adjustments and improvements that don’t affect your use of the Product / Service or the Plan.
We can suspend the Plan and the Clinic may suspend provision of any Product and/or Service to:
13.1.1 deal with technical problems or make minor technical changes;
13.1.2 make updates to reflect changes in relevant laws and regulatory requirements; or
13.1.3 make changes to the service.

We or the Clinic will contact you in advance to tell you about the suspension, unless the problem is urgent or an emergency. If the suspension lasts for a prolonged period then:
13.1.1 we will adjust the Subscription Fee so you don’t pay for any suspended period; or
13.1.2 you can contact your Clinic to end the contract and we’ll refund any sums you’ve paid in advance for benefits you won’t receive.
We can withdraw services
We can stop providing a Plan. We let you know at least 30 days in advance and we refund any sums you’ve paid in advance in connection with any part of a Plan which won’t be provided.

14 ENDING THE CONTRACT

We can end our contract with you and claim any compensation due to us if:
14.1.1 you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
14.1.2 you don’t, within a reasonable time of us asking for it, provide us, the Clinic or TrustVet with information, cooperation or access that we need to fulfil our obligations or exercise our rights under the contract;
14.1.3 if you commit any serious breach of any of the Terms;
14.1.4 you and/or any person who brings the Subscribed Pet to the Clinic in relation to the Services are aggressive and /or abusive to Clinic staff;
14.1.5 you breach any terms and conditions that you have in place with the Clinic, TrustVet or VidiVet;
14.1.6 if you commit any fraud against us, the Clinic, or any other person.

You, the Clinic or the Company may terminate the Plan by providing 30 days notice but you may be liable to pay a Cancellation Fee as specified in paragraph 5b) . If you terminate the Plan before Services are rendered or Products are supplied, the Clinic will retain the Monthly Instalments paid from the start of the Subscription Period to the date of termination.

For the avoidance of any doubt, upon termination of your subscription in accordance with these Terms, you will no longer be liable to make any further payments to the Clinic and you will no longer be eligible to receive any of the Products or Services from the Clinic.

15 WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US – PLEASE READ THIS SECTION CAREFULLY

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. In which respect please see 10 above.
• Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
• A business loss. It relates to your use of any product or service for the purposes of your trade, business, craft or profession.

16 WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice: Privacy Policy – We are Kin Vet Community.

17 YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

Our complaints policy. We will and Clinics will do their best to resolve any problems you have with us or our services as per our Complaints policy: Kin Vet Community Client Complaints Procedure – We are Kin Vet Community.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Veterinary Client Mediation Service (VCMS) or the Royal College of Veterinary Surgeons. VCMS / the Royal College of Veterinary Surgeons will not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.

These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

18 OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.