VETACADEMY TERMS & CONDITIONS
All Users of the Vetacademy service provided by Vetstream Ltd, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employment by the User when ordering the services.
This Agreement is made between Vetstream Ltd of Three Hills Farm, Bartlow, Cambridge CB21 4EN (“we”) and the User of the Vetacademy website and Vetacademy learning management system (LMS).
The following constitute the Terms and Conditions under which Vetstream’s Vetacademy trades and supplies its services and related products. These conditions represent the totality of the agreement and form the Contract between Vetstream Ltd and the User. Vetstream Ltd is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
In this Contract unless the context otherwise requires:
“Services” means the supply of Services by us to you as set out in the Contract;
“Contract” means the Contract between Vetstream Ltd and the User.
“Charges” means the charges as agreed;
“User” means you the customer;
“Course Provider” means the owner and provider of the online continuing professional development course module and materials as specified in clause 2.2;
“Minimum Contract Term” means the minimum period of service as specified in Clause 8.
2. VETACADEMY SERVICE
2.1 Vetstream will market and host online veterinary continuing professional development (CPD) materials provided by and on behalf of external third party course providers on the Vetacademy.
2.2 CPD materials remain the property of the Course Provider.
3 RULES FOR ONLINE CONDUCT
3.1 The right to use the Vetacademy service granted by Vetstream is not transferable and is only granted to the registered User.
3.2 The User is entitled to the materials upon purchase to use, display and print. This law applies only to personal and non-commercial use.
3.3 The User agrees not to use the materials for other purposes to use, reproduce, sell, transmit, publish or otherwise make available.
3.4 The above rights may not include postings to news groups, mailing lists, electronic bulletin boards or other electronic distribution channels outside the Vetacademy environment.
3.5 If Vetacademy materials used for purposes other than those listed here should be, a written letter of approval should be obtained from Vetstream Ltd.
4. LIMITATION ON LIABILITY
4.1 Without excluding or limiting liability for fraud, including fraudulent misrepresentation,
or for death or personal injury caused by our agents or employees negligence, we shall not be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the Services.
4.2 Our total aggregate liability and your exclusive remedy for damages for any claim relating to or arising from the Contract, regardless of the form of the action and whether such a claim arises in contract, tort or otherwise shall not exceed the total amount paid by you to us pursuant to the Contract.
5. COMMENCEMENT and MINIMUM PERIOD OF SERVICE
5.1 The Service, unless otherwise agreed, shall be provided for a minimum period of twelve months.
5.2 No minimum period of contract shall commence until we communicate our acceptance to you in writing.
6. COURSE FEES and PAYMENT
6.1 Vetacdemy Plus membership is free to Vetstream Canis, Felis, Equis and/or Lapis subscribers.
6.2 Non Vetstream Canis, Felis, Equis and/or Lapis subscribers must pay the one off annual membership fee or pay-per-module only.
6.3 CPD courses, modules and other services excluding monthly subscription are, unless otherwise explicitly stated, with costs.
6.4 All charges stated in clause 6.3, unless otherwise agreed, are payable by Credit Card or Direct Debit in advance.
6.5 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us, on our Web Site and/or other mediums.
6.6 If a payment has been made in error, please contact firstname.lastname@example.org, refunds are at managers’ discretion.
6.7 You have the right to cancel within seven days of your contract with Vetacademy for a full refund minus a £15 admin fee.
6.8 Vetstream Ltd reserves the right to suspend services in the event of non-payment.
7. TERMINATION OF SERVICE
7.1 We have the right to terminate this Contract in accordance with the provisions of clause 7.3.
7.2 We have the right to terminate this Contract if you seek to materially change the terms of these Conditions or the subscription without our written consent.
7.3 Either of us may terminate the Contract forthwith if the other party:-
7.3.1 commits a breach of the Contract that is incapable of remedy;
7.3.2 fails to remedy any other breach of contract within fourteen days of receiving notice of such a breach; or
7.3.3 goes into liquidation or has a petition for winding-up presented, has an administrator or receiver appointed over all or any part of its business or assets, enters into any arrangement or composition with its creditors or suffers any similar action in consequence of debt.
7.4 30 days written notice is required to terminate an internet subscription. This is only effective after the minimum 12 month subscription period has expired.
7.5 Termination will always be acknowledged in writing within 5 working days. Should you not receive notification within this time span your termination will not be effective and should be resent.
7.6 Termination shall not affect any rights that either party has accrued up to and on termination.
Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9. MATTERS BEYOND VETSTREAM’S REASONABLE CONTROL
Vetstream Ltd is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of circumstances beyond Vetstream Ltd’s reasonable control, including, without limitation, failure by other service providers.
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
11. ENTIRE AGREEMENT
11.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. Nothing in this Clause 11 shall limit our liability for fraud.