This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Vet Debt Services (Services) listed on our website vetdebts.co.uk (our site) to you. Please read these terms and conditions carefully before becoming a member and ordering the Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the website.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.
1. INFORMATION ABOUT US
Vetdebts.co.uk is a site operated by Click Digital MediaLimited ("We") Company number: 3344554 whose registered office is at 6 Cirrus Gardens, Southampton, SO31 4RH, United Kingdom.
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by registered Veterinary practices ('Vets') in the UK. At the moment we do not accept membership from Vets outside of the UK. The site is intended to provide an information and advisory debt collecting service for all Vets' Debts.
2.2 Once you become a member (and we accept your membership subscription) you will be able to download templates and receive information from our website as to how to improve cash flow and reduce the level of debt owed to your practice. The monthly subscription allows you to download letters before action, share information with other Vets in your areac concerning bad debtors. At all material times we have instructed a firm of solicitors http://www.lawdit.co.uk who are on hand to assist you in recovering the monies you are owed.
2.3 The website has been awarded the Stay Legal seal of approval for achieving compliance with the Stay Legal terms and conditions in that it has:
3. YOUR STATUS
By instructing us through our site, you warrant that you are a registered veterinary practice and have a current membership number with the RCVS and are capable of entering into binding contracts.
4. ACCURACY OF INFORMATION AND DISCLAIMER
4.1 We do our best to ensure all information on the Site is accurate. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
4.2 You should independently verify any information before relying upon it. The Solicitors practice we engage is http//www.lawdit.co.uk. It is a firm of Solicitors regulated by the Law Society of England and Wales.
4.3 We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.
4.4 Although we hope this Site will be of interest to non members, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.
4.5 Any views expressed in messages on the Site are not necessarily our views or anyone connected with it.
5. CHARGEABLE SERVICES
5.1 The Site contains information and advice that is accessible on receipt of the payment in accordance with clause 8 and the formalities in Clause 7.
5.2 Chargeable Services will be made on an subscription membership service in accordance with clause 8. When you agree to becoming a member you will complete the online form and enclose payment details we will review your application and send you an email confirming our acceptance as a member. This confirmatory email is evidence of a valid contract with us and our promise to you to provide the services. We reserve the right to reject any order at our discretion without giving any reason to you. You may terminate a chargeable service on 30 days notice.
5.3 Chargeable Services may be provided by third parties. Such third parties will be approved by us and will be experts in their particular field. .
6. PRICE AND PAYMENT
6.1 To access the Service you will need to follow the subscription procedures set out here.
6.2 Details of our prices for subscription to the Services, and the procedures for payment are displayed on our website. You must pay by credit or debit card at the time of your subscription request, and the payment will cover 1 year's access to the Services. The price of any subscription is the price in force at the date and time of your order. We may change the price of any subscription before you place an order. We try to ensure that our fees displayed on our website are accurate but the fees on your confirmatory. We will inform you if a subscription's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to subscribe to the Services at the correct price. The fees are inclusive of applicable taxes, these fees may be altered at our discretion where the fees are to be altered you will be notified in accordance with clause xxxx.
6.3 Payment for the Services must be by credit or debit card. Our payment provider is paypal. For information on their terms and policies click https://www.paypal.com/uk/
7. CANCELLATION POLICY
You can cancel the Services at any time provided you give us 30 days notice. Your card shall not be charged again and you can access your membership until the end of the month in which you cancelled.
8. MODIFICATIONS TO THE SERVICES
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Services, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions.
9. INFORMATION YOU PROVIDE
9.1 You will provide us with sufficient information in order to ensure that we can provide the service to you. This will include but is not limited to the amount of debt and the debtors names and addresses. This information will remain safely stored with us on our secure servers. We will upload this information to a central database where other Vets can view details of where there are any outstanding debtors in the area. The following applies to any information you provide to us, for example, during any registration or subscription process:
9.1.2 You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you and your customers, including, but not limited to names and addresses, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties.
9.1.3 If you obtain or choose to buy our Chargeable Services through our Site then you will ensure that all your customers are aware that the customer data is likely to be disclosed if the debts are over 30 days or more. All such information collected by us shall be referred to in these terms and conditions as ���Personal Information'.
9.1.4 You must ensure that the Personal Information you provide is accurate and complete and contain the correct names, and postcode addresses. For more information about how we deal with your Personal Information, please read our privacy policy.
9.1.5 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at data@vetdebts.co.uk.
10. INTELLECTUAL PROPERTY
All intellectual property on the Site remains the property of Click Digital Limited and / or its licensors.
11. OUR LIABILITY
11.1 We warrant to you that any Services and / or Chargeable Services provided to you will be provided with skill and care.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the one year's membership.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;
11.5 You are responsible for ensuring that your business is fully compliant with the Data Protection Act 1988 and that your customers are aware that you will disclose the debtor information to third parties.
11.6 You agree that your computer system shall meet all relevant technical specifications necessary to use the Chargeable Services and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Chargeable Services will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to info@vetdebts.co.uk.
We may give notice to you at either the e-mail or postal address set out below. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
20. LAW AND JURISDICTION
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
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