Terms & Conditions
Last Updated: May 11, 2020
The Service is not directed to children younger than 13, and access and use of our Service herein is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older.
You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Scope and Registration
1.2. The Vet is responsible for inviting Pet Owners and granting them access to certain Vet information by providing the respective Pet Owner with a unique code or link. This code or link enables the matching between the Services and the PIMS, if and where applicable. The Pet Owner has to download the App such as PetPro Connect and/or PetPro Tele+ on a suitable smartphone, tablet or other device (“Devices”) and complete the registration process required by the App. Pet Owners may then be granted access to Vet Services and Vet Content through the App. Alternatively, there may be certain Services that may be downloaded by Pet Owner without the Vet.
2. System Requirements
2.1. To use our Services, Vet/Pet Owner will ensure they have the requisite hardware and software necessary to operate the applicable Service.
2.2. Vet understands that the use of our Service will grant BI access to information that may be confidential or sensitive including personal information as well as granting BI access to the Vet’s PIMS. Vet represents and warrants that Vet has the right to grant BI such access to such information and shall ensure such information will be compatible and capable of being integrate into the applicable Service.
3. Access of Vet/Pet Owner to BI Services
3.1. For the full exploitation of certain Vet Services, as may also be necessary, Vet hereby grants BI access to its PIMS through means of an application programming interface (“API”) or such other means as suggested by BI. Access to the Web Interface and the API takes place via ID and passwords.
3.2. Vet is responsible to BI for ensuring that in the context of the access rights granted: (i) all admins are fully authorized to use the Web Interface and entitled to represent the Vet legally in this respect; and (ii) any person that accesses any of our Services and/or an API on behalf of or under the access credentials of the Vet is fully authorized by the Vet.
4. App for Pet Owners
4.1. Pet Owner(s) will have access to the App, but in a different interface and level of access than the Vet.
4.2. Use of App by the Pet Owners requires a Device and corresponding software that meets the requirements of the relevant operating system. An internet connection is also necessary.
4.3. Vet is responsible for selecting the Pet Owners and providing them with the code and/ or link for registration. Vet grants BI the right to access their Pet Owner’s information, PIMS, and other data for the Services. BI shall not be obligated to provide or responsible for any Vet Content of Vet Services conducted between the Vet and Pet Owner. Vet represents, warrants, and covenants that they shall abide by all laws and regulations in the performance of their services for the Pet Owner. BI shall not be liable for the content that is provided by Vet or Pet Owner when using the Service.
4.4. BI is entitled to stop maintenance and updating services for the version prior to the most recent version of the Device operating system.
4.5. BI is entitled at any time and in its sole discretion to terminate or suspend Pet Owner’s access to the App; Vet acknowledges that, in case of such termination or suspension, Pet Owners will be unable to access Vet Content and Vet Services via the App.
5. Relation between Vet and Pet Owner
5.1. Vet acknowledges and agrees that any contractual or fiduciary relationship regarding the provision of Vet Content and Vet Services is solely between Vet and Pet Owner and BI shall not be liable or responsible for any misrepresentation, omission, negligence, recklessness, or wrong doing of the Vet and Pet Owner. A Vet must met the AVMA’s guidelines and sufficiently establish a veterinary client patient relationship (“VCPR”) when dealing with their client. At a minimal for establishing the VCPR, (i) the Vet has assumed the responsibility for making clinical judgments regarding the health of the client/patient and the client has agreed to follow the veterinarians’ instructions; (ii) the Vet has sufficient knowledge of the client/patient to initiate at least a general or preliminary diagnosis of the medical condition of the client/patient (the Vet should be personally acquainted with the keeping and care of the client/patient by virtue of a timely examination of the client/patient by the veterinarian, or medically appropriate and timely visits by the veterinarian to the operation where the patient is managed, (iii) the Vet is readily available for follow-up evaluation or has arranged for the following: veterinary emergency coverage, and continuing care and treatment, (iv) the Vet provides oversight of treatment, compliance, and outcome, (v) the client/patient records are maintained.
5.2. In the event the Vet provides any VPCR or other health care practices/services through the Service, Vet represents, warrants, and covenants that it shall follow all legal, regulatory, and industry standards, policies, guidelines, and/or law prior to conducting such Vet Services or providing any Vet Content, including any privacy and data protection law or abide by the level of care and fiduciary standards needed for such services. Vet agrees that BI shall not be responsible or liable for any actions of Vet, including medical malpractice or erroneous information provided from Vet to Pet Owner.
5.3. Our Services allow participating Vets and its VPCR Pet Owners to conduct telemedicine services, which may include a fee for such use. USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. BI DOES NOT PROVIDE ANY MEDICAL ADVICE TO ANY OF ITS USERS. While the Services may provide access to certain general medical information, and allow Pet Owners to communicate with Vets, the Services we provide cannot and are not intended to provide medical advice. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
5.4. If you are a Pet Owner, you accept responsibility for yourself in the use of the telemedicine Services. You acknowledge that your relationship for health care services is with your Vet, and your obtaining services from the Vet through the Services is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold BI liable in any way for any malpractice or substandard treatment the Vet may render.
5.5. We do not confirm the credentials of the Vets using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the Pet Owner’s responsibility to separately confirm that a Vet is in good standing with his or her respective licensing board(s).
5.6. If you are a Vet, you accept responsibility for your clients or Pet Owners as well as yourself in the use of the telemedicine feature of the Service. You are also responsible for the quality of the services you provide during your use of the telemedicine Service and for complying with all applicable laws in connection with your use of the telemedicine Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements. BI is entitled at any time and in its sole discretion to terminate or suspend Vet’s access to the Service.
5.7. You are also responsible for obtaining your client’s/Pet Owner’s consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your client/Pet Owner.
5.8. Vet is not authorized to represent BI in legal transactions. BI is not responsible for the collection and or fees associated with the Vet Services provided by Vet.
6. Provision of Services
6.1. BI provides the Vet/Pet Owner use of the Services at the router output of the data center housing the server with the relevant software (“Delivery Point”). BI is not responsible for establishment and maintenance of the data connection between the Vet/Pet Owner’s IT systems and the Delivery Point.
6.3. BI provides the Services at the locations of the data centers and support centers used by BI. The Service may be provided from data centers located outside Vet/Pet Owner’s country of business. Technical support (if any) may be provided through support centers located outside Vet/Pet Owner’s country of business and these support centers may access Vet Content for the purpose of providing such support to Vet.
6.4. BI uses commercially reasonable physical, logical and technical measures designed to protect the Service and help Vet secure Vet Content against accidental or unlawful loss, access or disclosure (“Security Measures”). However, attacks on and security incidents in connection with the Service, including unauthorized access to and/or use of the Vet Account, cannot be entirely excluded. BI will not be responsible to Vet for any such attacks or security incidents which are directly or indirectly due to Vet or Pet Owner’s negligence, omission, breach, or wrongful doing. Vet shall remain solely responsible for securing its systems used to access and use the relevant Service.
6.5. BI may engage its affiliates and any other business partners as subcontractors for the provision of some Services and certain information may be shared with BI’s affiliates and/or third party.
7. Intellectual property and rights of use
7.2. Vet/Pet Owner acquires no rights to the Service and the software underlying the Web Interface or other content itself or to any duplications of the software or content.
7.3. Vet grants BI and its business partners a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right to use, host, transmit, display, access, modify and reproduce Vet Content for the purpose of providing the Service.
8. Obligations and responsibilities of Vet/Pet Owner
8.1. Vet/Pet Owner will itself and will ensure that all persons using the Service on its behalf:
8.1.1. desist from all measures which could jeopardize the security and stability of the Service, including but not limited to accessing information or data without authorization, interfering with the software of the Service, penetrating data networks of BI or transmitting any viruses, Trojans or other malware;
8.1.2. desist from entering information and data other than that which is required for use in accordance with the purpose of the Service;
8.1.3. do not infringe any laws, regulations or other legal provisions while using the Service, in particular by transmitting Vet Content which infringes copyrights, trademark rights, personality rights or other third-party rights and other laws or by creating links with such content or providing Vet Services;
8.1.4. keep user IDs, passwords and other access data secret, do not disclose these to unauthorized third parties, protect these from third-party access with suitable measures in compliance with current requirements and inform BI without undue delay if it is suspected that user names or passwords or other access data could have become known to unauthorized parties; and
8.1.5. truthfully and completely state all information and data entered into any Services provided, including but not limited to Web Interface, APIs registration and the appointment of Admins and registered users and to always keep such up to date.
8.1.6. Vet shall comply with any and all pharmacovigilance requirement in reporting an adverse event. An adverse event is any observation in animals, whether or not considered to be product-related, that is unfavourable and unintended and that occurs after any use of VMP (off-label and on-label uses). Included are events related to a suspected lack of expected efficacy according to approved labelling or noxious reactions in humans after being exposed to a Veterinary medicinal product (VMP). The individual AE reports contains at minimum: (i) a source (e.g. veterinarian, pharmacist, animal owner); (ii) animal details/human details; (iii) an identifiable suspected veterinary medicinal product; (iv) adverse event/reaction details;
8.3. Vet and Pet Owners understands that certain functions of the Service may require a third party to facilitate additional services such as payments or other types of services. When using such third party functions, Vet and Pet Owner agree to the terms and services of such third party and will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Vet and Pet Owner will, at his or her own discretion and volition, provide the necessary information e.g. a valid credit card (Visa, MasterCard, or any other issuer accepted by the third party payment provider. Vet and Pet Owner agrees that BI shall not be responsible for any errors or any other issues arising from the third party provider or payment processing.
9. Limited Warranty
9.2. BI points out to the Vet/Pet Owner that restrictions or impairments of Service may arise which are outside BI’s sphere of influence. These include in particular actions by persons not acting on behalf of BI, technical conditions of the internet not controllable by BI, and force majeure. The hardware, software and technical infrastructure used by the Vet/Pet Owner can also influence the contractual services of BI. If such circumstances impact the availability or functionality of a Service, this has no effect on the contractual compliance of the services provided and to be provided by BI.
10.1. Upon a request by BI, you agree to defend, indemnify and hold harmless BI and its affiliates, directors, officers, employees and agents against any claims, demands, actions, infringement, malpractice, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this Service. BI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BI in asserting any available defenses. In particular, Vet/Pet Owner will indemnify and hold BI harmless from and against any claims, damages and liabilities arising from or in connection with the actual or alleged infringements of third party-rights by wrongful offer of inappropriate medical consulting or other services to Pet Owners via the Service.
11. Limitation of Liability
11.2. In particular, in no event will BI be liable for any amounts for loss of data, loss of production, interruption of operations, contractual claims by any third party, damage to property, loss of use, loss of subsidies, futile expenses for financing, loss of interest, income, profit or savings, or indirect, incidental, consequential, exemplary, punitive, or special damages, even if BI has been advised of the possibility of such damages in advance, and all such damages are expressly disclaimed.
11.3. The limitation and exclusion in this Section 11 shall not apply: (i) to the extent that liability cannot be limited or excluded according to applicable law; (ii) in cases of intent; (iii) in cases of human bodily injuries or death to humans caused by BI’s gross negligence; and (iv) in cases of fraud or fraudulent misrepresentation.
11.4. The limitations of liability resulting from the provisions of this Section 11 apply to the same extent for corporate bodies, legal representatives, employees and other agents of BI.
12. Term, Termination
12.3.1. any person using Service on Vet’s behalf are not fully authorized to use the provided Service within the scope of the access rights granted to them;
12.3.5. BI decides in its sole discretion to cease Service;
13. Temporary Suspension, Blocking
13.2. As soon as facts suggest that the requirements for termination for cause exist, BI is also entitled to immediately suspend the access to the Vet account completely or partially. In this case, BI will inform Vet about the suspension of the Vet account without undue delay. BI will unblock the Vet account as soon as the grounds for termination cease to exist. BI will not delete any of the Vet Content as a result of and during the suspension, unless, according to BI’s reasonable judgment, deletion is required by law or a request from a governmental body, or to avoid liability of BI or any third party. BI will inform Vet before any deletion of Vet Content takes place.
14. Data protection, data security
17. Final provisions
17.1. Any changes, additions or collateral agreements are only legally valid if made in writing (email is sufficient). This also applies to the amendment of this requirement for written form.
17.3. Vet/Pet Owner is only entitled to set off claims if the counterclaim is undisputed or has been finally established by a court of law or has been expressly recognized by BI in writing. Any right of retention can only be asserted on the basis of counterclaims based on the same contractual relationship.
17.6. The information on Web sites and Apps is intended for use only by U.S. residents only. Web sites or Apps may contain information about products not available in other countries or regions of the world or that may be available under a different trademark or name. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require different or additional information. Therefore, product information on the Web sites or Apps may not be appropriate for residents of other countries. By using a Web site or App, you hereby agree that any and all Personal Information and Non- Personal Information collected through the Web site or App will be transferred to the United States for processing, or to any one of BI’s affiliate owning and/or operating the Service(s).
17.7. The Content of the Service is protected under applicable copyright and trademark laws. Further, copying, redistribution or publication of any part of this Web site or App is prohibited. All images and text are Our property and may not be downloaded, distributed, stored, reused, reposted, modified or otherwise used except as provided herein without the express written permission of BI.
17.8. When you download an App, you are granted a personal, non-exclusive, non-sublicensable, non-transferable, license to install and use the software (in machine readable object code only) necessary for the functioning of the App only on a mobile device you own or control, solely for your personal use and as expressly permitted herein.
17.9. When you sign up to use a special feature of a Web site or App, you may be asked to agree to special terms governing your use of the special feature by checking a box or click on a button marked “I Agree,” “Accept,” or some other phrase that signifies your agreement. This type of agreement is known as a “click-through” agreement and by checking the box or clicking the “I Agree” button, you are agreeing to be bound by the special and/or additional terms as set forth in the specific agreement.
17.10. As a resource to Our users, Our Web sites or Apps may provide links to other sites. However, because BI does not control the content of these other sites We may link to, and due to their constantly changing nature, We cannot be responsible for the content, practices or standards of third party sites. Inclusion of any third party link does not imply a recommendation or endorsement by Us. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third party sites, sites framed within Our Web sites or Apps, or third-party advertisements. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.
17.11. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTE RESOLUTION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
NOTE: These Dispute Resolution procedures apply to any claim or disagreement that arises as of October 5, 2017 and will not be applied retroactively.
Boehringer Ingelheim USA Corporation
Attn: General Counsel
P.O. Box 368
900 Ridgebury Road
Ridgefield, CT 06877
Informal Dispute Resolution. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand.
Binding Arbitration. If We do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. This arbitration provision limits your and BI’s ability to litigate claims in court and you and BI each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Us in any state/or federal court. You agree that if you do sue us in state /federal, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees.
Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the Arbitrator is unable to provide the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.
17.12. You acknowledge and agree that the Web site or App collects both Personal Information, which you voluntarily provide and may identify you individually, and Non-Personal Information, which is passively collected and does not identify you individually. Personal Information may include your name, address, email address, phone number, financial account number, Social Security number, or Driver’s License number. Non-Personal Information includes gender, age, survey responses, page views, unique views, the type of mobile device and the operating system you use, which screens you visit and for how long, and logging of technical issues. You acknowledge and agree that We may collect, transmit, store, and use your Personal Information to fulfill your requests or provide you with products, services, or information related to the Web site or App. You also acknowledge and agree that We may collect, transmit, store, and use the Non-Personal Information to measure Web site and App traffic, recognize your computer or mobile device as a repeat user, tracks visitors’ uses across pages, facilitate the provision of Web site and App updates, product support, and other services to you (if any) related to, or in connection with the Web site or App. For more detailed information about the collection, use, and disclosure of Personal Information and Non-Personal Information, as well as your choices and control over such collection, use, and disclosure, please review the BI Privacy Notice, available here.