AGREED TERMS AND CONDITIONS 

By using this website, the user (you) confirms acceptance of these terms and conditions (Terms) and agrees to comply with and be bound by them.

1.              About us

1.1           Company details. VetVista Limited (company number 14877371) (we and us) is a company registered in England and Wales and our registered office is at The Cottage, Castlefield Road, Reigate, Surrey, England, RH2 0AP. We operate the website vetvista-teleradiology.com.   

1.2           Contacting us. To contact us, use our contact form. How to give us formal notice of any matter under these Terms is set out in clause 14.2.

1.3           Our regulator. We are authorised and regulated by The Royal College of Veterinary Surgeons. We are governed by the Royal College of Veterinary Surgeons (RCVS) Practice Standards Rules, and regulated by the RCVS Code of Professional Conduct, which can be accessed at https://www.rcvs.org.uk/document-library/practice-standards-rules/ and https://www.rcvs.org.uk/setting-standards/advice-and-guidance/code-of-professional-conduct-for-veterinary-surgeons/.  . 

1.4           Insurance. We maintain professional liability insurance. Our compulsory insurer is the Veterinary Defence Society Limited (trading as VDS Insurance) of 4 Haig Court, Parkgate Industrial Estate, Knutsford, Cheshire, WA16 8XZ. 

2.              Definitions

2.1           Advice means any professional opinion, interpretation, or recommendation provided by us in connection with Materials through the Report.

2.2           Case means a single submission of the Materials for interpretation.

2.3           Instructions means the specific requirements provided by you for each Case.

2.4           Materials means any radiographs, MRI scans, CT scans, clinical histories, or other information submitted to us to provide the Services.

2.5           Report means our written interpretation and analysis of the Materials you have provided to us.

2.6           Services means the teleradiology interpretation services of the Materials provided by us.

3.              Placing an order and its acceptance

3.1           Placing your order. Please place your order using the contact form or by contacting us via email directly. Each order is an offer by you to buy the Services subject to these Terms.

3.2           Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. We will agree a mode of transfer of the information, including but not limited to transfer of the Materials. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any Instructions submitted by you is complete and accurate.

3.3           Accepting your order. After you place your order, you will receive an email from us acknowledging that we have received it, at which point, and on which date the contract between you and us in relation to the Services will come into existence.

3.4           If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. 

4.              Our services

4.1           Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not have any contractual force. 

4.2           Compliance with specification. Subject to our right to amend the specification (see clause 4.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects. 

4.3           Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services. 

4.4           Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

4.5           Qualified Veterinary Surgeons. We only exclusively provide our Services to licensed and qualified Veterinary Surgeons within their respective jurisdictions.

5.              Your obligations

5.1           It is your responsibility to ensure that:

(a)        the terms of your order are complete, accurate, and of sufficient quality and detail;

(b)        you cooperate with us in all matters relating to the Services;

(c)        you provide us with the Materials or other such information we may reasonably require in order to supply the Services, and ensure that such information is complete, accurate, and of sufficient quality and detail in all material respects. If provision of the necessary information to perform the Services is:

i.delayed; we will not be responsible for the delay in providing the Services as a result; and

ii.incorrect or incomplete; we will not be liable for any delay in providing the Services or for any injury or death of an animal as a result;

(d)        you pay our Charges in accordance with clause 6; 

(e)        you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and

(f)         you comply with all applicable laws in the United Kingdom and that you comply with all relevant laws and regulations in your jurisdiction regarding the examination, diagnosis, and treatment of animals. It is your responsibility to ensure that your use of the website and any related Services aligns with applicable legal and regulatory requirements in your location;

5.2           By using this website, you warrant that you are a qualified veterinary surgeon, duly licensed or registered as required by the laws of your jurisdiction, or that you have been instructed by a qualified veterinary surgeon, duly licensed or registered as required by the laws of your jurisdiction to place an order, and that you will use this website only within the scope of your professional qualifications and legal authority.

5.3           Our Advice is solely based on your submission of the Materials. You will remain responsible for the application of the Advice within the exercise of professional practice.

5.4           If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):

(a)        we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the provision of the services;

(b)        we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

(c)        it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

6.              Charges

6.1           In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 6.

6.2           If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.

6.3           Our Charges may change from time to time, but changes will not affect any order you have already placed.

7.              How to pay

7.1           Payment for the Services is monthly. 

7.2           We will send you an electronic invoice at the end of the month in which the Services are completed, payable within thirty days. 

7.3           You can pay for the Services by BACS using a debit card or credit card. 

7.4           If the payment for the Services is by direct debit, your designated bank account will be charged automatically each month. 

8.              Complaints

If a problem arises or you are dissatisfied with the Services, please contact us using the contact form or by sending an email to the director who provided the Services.

9.              Intellectual property rights

9.1           All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any Materials provided by you), will be owned by us.

9.2           You grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to:

(a)        copy and modify the Materials for the purpose of providing the Services in accordance with these Terms; and

(b)        anonymise the Materials (Anonymised Materials) and use and share the Anonymised Materials for research and educational purpose (including but not limited to teaching and training), case studies, professional discussions and any other professional use relevant to our operations. 

10.           How we may use your personal information

10.1        We will use any personal information you provide to us to:

(a)        provide the Services; 

(b)        process your payment for the Services; and

(c)        inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.

10.2        We will process your personal information in accordance with our privacy policy.

11.           Limitation of liability

11.1        We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £500,000 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.

11.2        Nothing in the Terms limits any liability which cannot legally be limited, including liability for:

(a)        death or personal injury caused by negligence;

(b)        fraud or fraudulent misrepresentation; and

(c)        breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

11.3        Subject to clause 11.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:

(a)        loss of profits;

(b)        loss of sales or business;

(c)        loss of agreements or contracts;

(d)        loss of or damage to goodwill; and

(e)        any indirect or consequential loss.

11.4        Subject to clause 11.2, our total liability to you arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under these Terms for the Services provided.

11.5        We have given commitments as to compliance of the Services with the relevant specification in clause 4.2. 

11.6        Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire one month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

11.7        This clause 11 will survive termination of the contract governed by these Terms.

12.           Confidentiality

12.1        We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers without prior written consent from the other party, except as permitted by clause 12.2.

12.2        We each may disclose the other's confidential information:

(a)        to such of our respective employees, officers, representatives, professional veterinary bodies, insurers, government agencies, subcontractors or advisers (including but not limited to external veterinary professionals for the purpose of obtaining a second opinion, where necessary) who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under these Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and

(b)        as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

12.3        Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under these Terms. 

13.           Events outside our control

13.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (Event Outside Our Control). 

13.2        If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms:

(a)        we will contact you as soon as reasonably possible to notify you; and

(b)        our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over. 

13.3        You may cancel the contract under these Terns affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

14.           Communications between us

14.1        When we refer to "in writing" in these Terms, this includes email.

14.2        Any notice or other communication given by one of us to the other under or in connection with the Terms must be in writing and be delivered, sent by pre-paid first class post or other next working day delivery service, or email.

14.3        A notice or other communication is deemed to have been received: 

(a)        if delivered personally, on signature of a delivery receipt; 

(b)        if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)        if sent by email, at 9.00 am the next working day after transmission.

14.4        In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. 

14.5        The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

15.           General

15.1        Variation to the Terms. We reserve the right to amend these Terms from time to time. Any changes will be communicated by written notice.  

15.2        Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

15.3        Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.4        Third party rights. The contract under these Terms is between you and us. No other person has any rights to enforce any of its terms. 

15.5        Governing law and jurisdiction. These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.