Terms and Conditions

Pawlyclinic Private Limited (“Pawlyclinic”, “we”, “us”, or “our”) is a digital pet care ecosystem that offers pet owners access to a network of veterinary clinics and veterinarians (“Vets”) for their pets’ healthcare and wellness needs.

medical advice

Pawlyclinic is not your veterinarian. Our Platform facilitates the provision of animal healthcare by enabling the pet owner(“Pet Owner”, “User”, or “Client”) to engage with licensed Vets to obtain veterinary services for their pets or the pets in their care (“Patients”) via telemedicine (“Services”). Such Services may entail the prescription of medicine, prescription diets and/or other treatments as well as the request of diagnostics tests (“Products”).

The Vets on our Platform may provide you with medical advice during and/or after your consultations. Such advice is the sole responsibility of the Vets, and Pawlyclinic shall in no way be liable or responsible for the same. Furthermore, you are ultimately responsible for the health decisions and choices that you make for your pet.

When you participate in tele consultations, you understand and agree that the advice given during the consultations are based on the information you provide to the Vets, including but not limited to your pet's health records, medical examination history and your description of the conditions or symptoms that your pet is exhibiting. You acknowledge and agree that you shall not hold Pawly clinic, its affiliates or related corporations and the Vets responsible for any misdiagnoses as a result of inaccurate information given by you.

Some medical conditions are not suitable for remote consultations. In such instances, the Vets may recommend that you seek advice from a veterinarian in person. The Vets shall be solely responsible for determining the need for an in-person consultation with you and Pawly clinic shall not be held liable for any misdiagnoses, acts or omissions of the relevant attending vet.

During and/or after the teleconsultation, the Vets may request diagnostics tests to be performed by a third-party clinic(“Lab Tests Provider”) intended to help diagnose the medical condition of your pet accurately. You acknowledge and agree that you shall not hold Pawlyclinic, its affiliates or related corporations and the Vets responsible for any misdiagnoses, acts or omissions of the relevant Lab Tests Provider.

Pawlyclinic makes no claims or warranties as to the efficacy of any Services made available on our Platform. Any Services made available on our Platform are for your information only and do not imply appropriateness for any particular Patient or medical condition, or prediction of the effectiveness, outcome or success of such Services.

Please read these Terms and Conditions ("Terms and Conditions") carefully before accessing and/or using the Platform and/or Services so that you are aware of your legal rights and obligations with respect to Pawlyclinic. By accessing the Platform, purchasing any Products or using any Services offered on the Platform, you hereby agree to be legally bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please leave the Website and discontinue the use of the Platform and/or all Services immediately.

PLEASE DO NOT USE THE PLATFORMS FOR A MEDICAL EMERGENCY. IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY HOTLINE OR BRING YOUR PET TOTHE NEAREST VETERINARY HOSPITAL.

use of the website and apps

As a condition of your use of our Website, you hereby represent and warrant that:
1. You are at least 18 years of age and of sound mind. If you are under the age of 18, you confirm that you have your parent’s or legal guardian’s permission to use our Platform;
2. You have full authority, power and capacity to enter into these Terms and Conditions and to perform its obligations here under;
3. You have read and understood these Terms and Conditions as well as any documents or terms incorporated herein by reference, and agreed to be bound by the same;
4. You will use our Platform in accordance with these Terms and Conditions and for lawful purposes as stipulated by law;
5. You shall not abuse the Platform in any way, and shall not use the Platform and/or Services in any manner which violates any law or regulations or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of Pawlyclinic, its affiliates or related corporations, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with another user’s use and enjoyment of the Platform and the Services;
6. You will only use our Platform to purchase Products or Services for a pet for whom you are legally authorised to act for;
7. You shall not take any action which is intended to, or would reasonably be expected to harm Pawlyclinic, its affiliates or related corporations and the Platform, or which would reasonably be expected to bring Pawlyclinic, its affiliates or related corporations into disrepute;
8. All information supplied by you on our Platform is true, accurate, current and complete; and
9. If you have an account with our Platform, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

You undertake and agree to notify Pawlyclinic immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect.

We retain the right at our sole and absolute discretion to deny you access to our Platform, Products and Services we offer, and/or terminate your account at any time without notice and for any reason, including, but not limited to, for violation of these Terms and Conditions.

updates

We regularly update, amend, delete or change any information provided on our Platform. Although we will endeavour to ensure that all information contained on our Platform is accurate, we do not guarantee that all information or prices on our Platform will be complete and accurate.

payment

Access to and/or use of the relevant Pawlyclinic Platform are at charges to be stipulated by Pawlyclinic from time to time, provided that you will be given the opportunity to decline or discontinue further access to and/or use of the relevant component of the Platform and/or Services if you do not agree with the charges.

By providing your credit or debit card information (or other payment method accepted by Pawlyclinic from time to time) to Pawlyclinic (your “Payment Method”), you authorize Pawlyclinic and/or our third-party payment processor to charge your Payment Method the then-effective pricing for your purchase(s). If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel the fulfilment of your purchase(s). In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method and are not responsible for any fees incurred by you when charging or retrying your Payment Method. We use a third-party payment service to process your Payment Method. We do not receive, store or process your Payment Method. By submitting your Payment Method through the Platform, you agree that we may use a third party to receive, store and process your payment information ("Payment Information"). You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that your provision of your Payment Information and other information to such third party is subject to the conditions of the third-party payment service provider's Terms and Conditions and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. The current third-party payment processor is Stripe, and their current terms and conditions of service and privacy policy are available at https://stripe.com/us/privacy. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using industry standard security technology.

Unless otherwise provided in these Terms and Conditions, all purchases of Products and/or Services are final, irreversible and non-refundable.

warranties

Our Platform, and the Products and Services made available on our Platform are provided “as is”. Neither Pawlyclinic, the Vets, nor any other user of the Website and Apps, shall make any express or implied warranties, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose. While Pawlyclinic endeavours to ensure that the Vets are validly qualified and/or licensed to practise in their field of expertise, and that the content of our Platform or the Products and Services made available on our Platform satisfy government regulations, Pawlyclinic shall not be held liable for any breach of government regulations which does not result from Pawlyclinic’s acts or omissions, and/or which is beyond Pawlyclinic’s reasonable control. To the extent permitted by applicable law, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms and Conditions are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, Pawlyclinic disclaims any liability in relation to the same.

indemnity

To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless Pawlyclinic, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against any claims or demands, causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:
1. Your access to and use of the Platform;
2. Your purchase of Products and/or use of the Services;
3. Any information posted or made available by you on the Platform;
4. Anything you do using the Platform and its content, including but not limited to text, images, videos, information and other material ("Content");
5. Any violation of applicable law or the rights of any third party that occurs through your use of the Platform and Content;
6. Your breach or violation of these Terms and Conditions;
7. Any inaccuracy in any representation or warranty that you make under these Terms and Conditions;
8. Anything done or failure to do anything by you in carrying out your obligations under these Terms and Conditions; and/or
9. Any other wilful misconduct, default, unauthorised acts or wilful omission on your part.

claims against pawlyclinic

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Platform within six (6) years from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.

compliance with local law

Every jurisdiction has its own law and regulations in respect of the use of telemedicine services (the “Local Regulations”). By accessing the Platform and using the Services, you confirm that you understand your obligations under the local regulations applicable in the territory in which you are located and will comply with such local regulations. The Platform maybe viewed internationally and may contain references to products or services not available or approved in all countries. References to a particular product or service do not imply that such product or service is appropriate or available for purchase by all persons in all locations, or that we intend to make such product or service available in such locations. We make no representation that all Products, Services or Content described on or available through the Platform are appropriate or available for use in locations outside of Singapore. You agree that you access our Platform, purchase the Products and use the Services on your own initiative and are responsible for compliance with all local law and regulations. PAWLYCLINIC’S COMPLIANCE WITH LOCAL LAW The performance of our obligations under these Terms and Conditions is subject to the existing law and legal process in the Republic of Singapore, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access to and use of the Platform, purchase of Products and use of Services, or information provided by us with respect to such access, purchase and use.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

transfer of information

Any information you provide to us in connection with your use of the Platform, purchase of Products or use of Services will be transferred to our related companies or subsidiaries or authorised representatives in accordance with our Privacy Policy and the applicable law. By accessing and using our Platform, you consent to this transfer of information, our Privacy Policy and these Terms and Conditions.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

cancellation of orders

Not with standing any provisions of these Terms and Conditions, Pawlyclinic reserves the right to refuse or cancel any order, wholly or inpart, for any reason. In the event that Pawlyclinic refuses or cancels any order for any reasons unrelated to any wrong doings or failure to comply with these Terms and Conditions on your part, Pawlyclinic shall refund the fees paid to you for the Products and/or Services that have been refused or cancelled.

For the avoidance of doubt, no refund shall be made to you in the event that your orders for any Products and/or Services are cancelled by you or refused or cancelled by us due to any wrong doings or failure to comply with these Terms and Conditions on your part. Furthermore, Pawlyclinic reserves the right to impose a cancellation fee in the event that your orders are cancelled by you or refused or cancelled by us due to any wrong doings or failure to comply with these Terms and Conditions on your part. Pawlyclinic also reserves the right to impose a penalty in the event that you are late for your consultations.

intellectual property

Pawlyclinic retains all right, title and interest in all of Pawlyclinic’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks,methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of Pawlyclinic’s Intellectual Property Rights for any reason whatsoever without Pawlyclinic’s prior written consent.

Without limiting the above, Pawlyclinic retains all Intellectual Property Rights over the source code and technical information relating to the Platform, as well as all Content relating to the Platform, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms and Conditions shall not confer any right or interest upon you to Pawlyclinic’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use Platform and the Products and Services made available through the Platform.

You shall not use the name, logo, trademark, trade name, service mark or other symbol of or associated with Pawlyclinic for any purpose whatsoever without obtaining prior written consent of Pawlyclinic.

governing law and jurisdiction

These Terms and Conditions and any dispute or claim arising from it or in connection with its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Singapore law. Both parties accept the exclusive jurisdiction of the courts of Singapore.

severability

The invalidity or the unenforceability for any part of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions, which shall remain in full force and effect.

no assignment

You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of Pawlyclinic. Any purported assignment in violation of this clause shall be deemed null and void.

rights of third parties

Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Terms and Conditions.

no relationship

Nothing in these Terms and Conditions shall be construed to constitute a partnership, agency, or joint venture between you and Pawlyclinic, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority orpower to bind Pawlyclinic or to create liability on the part of Pawlyclinic.

questions

Should you have any comments and/or queries on these Terms and Conditions, please send us an email at support@pawlyclinic.com

social sharing features and links to other websites

Our Platform may offer social sharing features, links to social media and other integrated tools. In addition, we may, from time to time, provide you with links to other websites for your convenience and information, or other third-party websites may share links to our Website. We do not control such other social sharing features, social media and websites, and are not responsible for their contents, privacy practices or other practices. Our inclusion of links to such other social sharing features, social media and websites do not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators.

You are therefore advised to visit the privacy policies and Terms and Conditions of the entities that provide these social sharing features, social media and websites.

privacy

If you provide any personal data to us during the registration process or otherwise, you consent to our collection, use, processing and disclosure of your personal data in accordance with our Privacy Policy (a copyof which is available at www.pawlyclinic.com).
You are therefore advised to visit the privacy policies and Terms and Conditions of the entities that provide these social sharing features, social media and websites.

PROVIDER TERMS OF USE

These Terms of Use are a binding agreement between Pawlyclinic Private Limited (“Pawlyclinic”) and you as a veterinary medical practice (“Clinic”) or individual veterinarian (both referred to as “you”, or “Provider”).

use of the platform

1.1.   Pawlyclinic operates the website www.pawlyclinic.com and related Platform with links to these Terms of Use. By accessing the Platform in your capacity as a Provider, you agree to be bound by these Terms of Use.

1.2.  Pawlyclinic grants the Provider limited, non-exclusive, non-transferable rights to use the Platform subject to these Terms of Use and any separate agreement you may have entered with Pawlyclinic. We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform or Services to violate any law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform; (d) distribute viruses or other harmful computer code through the Platform or (e) otherwise use the Services or Platform in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Users through the Platform and to refrain from contacting Users for Services outside of the Platform. Pawlyclinic is not responsible for any interactions with Users that are not conducted through the Platform.

1.3.  You agree that you are accessing the Platform as an independent, third-party entity and that you and Pawlyclinic neither represent nor are liable for each other in any way whatsoever.

1.4.  When you register on the Platform, you are required to create an account (“Account”) by entering your name, the name of your veterinary practice (for Clinics), a copy of your veterinary license and license number, email address, password and certain other information collected by Pawlyclinic (collectively “Account Information”). You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Platform, will be true, accurate, current, and complete. You will monitor and update your Account Information as necessary to ensure that it is true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Pawlyclinic reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and your Account Information. In no event and under no circumstances shall Pawlyclinic be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

providers' obligation

As a Provider, you agree to:

2.1. Hold and maintain all licences, permits and approvals as may berequired to provide the Services, including a valid veterinary licence from The Animal and Veterinary Service(AVS);

2.2. Possess the appropriate level of training, expertise and experience to provide the Services, and submit documentary proof of your qualifications and valid licences to Pawlyclinic upon registration on the Platform;

2.3. Comply at all times with (i)any requirements of the valid veterinary licence issued to you from time to time; and (ii) the Code of Ethics for Veterinarians issued by the AVS from time to time;

2.4. Immediately notify Pawlyclinic of any changes to your licences, permits or qualifications and to update Pawlyclinic with supporting documents as soon as reasonably practicable;

2.5. Discuss with Pawlyclinic on a monthly basis, to facilitate the provision of continued and improved Services on the Platform;

2.6. Cooperate with and among (i)other Providers on the Platform; and (ii) Pawlyclinic’s collaborative partners;

2.7. Provide the Services as required, subject to your reasonable availability;
2.8. pay all ancillary costs (if any)required for you to provide the Services; and

providers' responsibilities

As a Provider, your responsibilities are to:

3.1. Assume the sole duty of care for the Patient following acceptance of the Video Consultation;

3.2. Ensure that a valid Veterinary-Client-Patient-Relationship (“VCPR”)is established;

3.3. Prescribe medications, vaccinations, supplements and treatments to Patients in accordance with your medical expertise;

3.4. Maintain a record of all medications, vaccinations, supplements and treatments prescribed on the Platform;

3.5. Maintain a record of all Patient medical records on the Platform;

3.6. Refer Patients to a Clinic for further treatment when treatment via telemedicine is deemed unsuitable ;and

3.7. Liaise with Pawlyclinic to arrange for the transportation of Patients to a Clinic for further treatment when treatment via tele-medicine is deemed unsuitable.

payment terms

4.1.  Pawlyclinic sets the pricing terms for the certain components of the Services and reserves the right to change such terms at anytime, in Pawlyclinic’s sole discretion. In the event we change the pricing terms for any component of the Services, we may provide you with notice thereof.

4.2.  You hereby authorize us to collect from Users receiving Services from you through the Platform the fee for such Services. For all cases, you shall receive the consultation fee you set and additional commissions (if any) for each successfully completed appointment with a User minus any fees (as applicable) (“Vet Income”), which Vet Income will be paid to you as provided herein. We will pay you the Vet Income no later than 45 days after you perform the applicable services for the User, subject to our receipt of payment from the User for such services.
4.3.  In the event that any User payment relating to a Vet Income paid by us to you is disputed or reversed by the User, you shall reimburse us for the amount of such Vet Income and you hereby authorize us to take such amount from the balance of Vet Income due to you.

4.4.  The payment of the amount of the Vet Income shall be electronically transferred to your account based on the payment instructions provided by you to us, as long as you have provided such instructions to us not less than 10 business days prior to the date of payment. We may continue to rely on payment instructions provided by you until new instructions are given. You agree to refrain from contacting Users outside of the Platform to arrange different payment terms for the Services.

content

The Platform enables Users and Providers to upload, share or make available Content.

5.1.  By making available Content on or through the Platform, you:
5.1.1. are responsible for the legality, reliability and appropriateness of the Content;
5.1.2. warrant that you own or are otherwise authorised to use and share the Content;
5.1.3. retain any and allrights to the Content, but grant Pawlyclinic the right and licence to use, modify, reproduce, display and distribute the Content.

5.2. All medical records created, amended, or modified in the course of the provision of Services on the Platform shall be owned by and remain with Pawlyclinic.

5.3. You reserve the right to copy in entirety any medical records that were generated or added to by you as a Provider on the Platform.

5.4. Any other Content found on or through the Platform is owned by Pawlyclinic or used with permission. You may not use, reproduce, distribute, share or download the Content without Pawlyclinic’s express prior written authorisation.

intellectual property

The Platform and its entire contents, features and functionality (excluding Content made available by Users or Providers) are owned exclusively by Pawlyclinic.

use of name and profile

7.1.  The Providers consent to the use of their trade name, trademarks, logos and veterinarian profiles in descriptive material and publications for the purpose of disclosing that the Provider provides Services on the Platform under these Terms of Use.

7.2.  Except as otherwise provided herein, neither Pawlyclinic nor the Providers (each a “Party” and collectively, “Parties”) shall have any right, express or implied, to use in any manner the name or other designation of the other Party or any other trade name, trademark or logo of the other Party for any purpose without the prior express written permission of the other Party.

promotion

You shall obtain Pawlyclinic’s prior written consent with respect to promotional activities relating to the Services other than the promotional tools and guidelines provided to you by Pawlyclinic.

confidentiality

9.1.  Confidential information means all confidential information (however recorded or preserved) disclosed to you by Pawlyclinic or its representatives or discovered on the Platform, including but not limited to:
9.1.1.  the existence and terms of any separate agreement you may have entered with Pawlyclinic; and
9.1.2.  any information that would be regarded as confidential by a reasonable business person relating to:
9.1.2.1. the business, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of Pawlyclinic;
9.1.2.2. the operations, processes, product information, know-how, designs,trade secrets or software of Pawlyclinic;
9.1.2.3. any information developed by you and/or Pawlyclinic in the course of providing the Services on the Platform orin carrying out any separate agreement withPawlyclinic.

9.2.  You agree that you shall not, at any time while as a Provider on the Platform, and for a period of five (5) years after termination as a Provider, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Pawlyclinic, except as permitted by this Confidentiality Clause.

9.3.  Upon termination as a Provider on the Platform, all of Pawlyclinic’s confidential information in your possession will be returned to Pawlyclinic and/or erased from your computer systems (to the extent possible).

9.4.   You may disclose Pawlyclinic’s confidential information:
9.4.1. to your employees, officers, representatives or advisers who need to know such information for the purposes of exercising your rights or carrying out your obligations under or in connection with providing Services on the Platform. You shall ensure that your employees, officers, representatives or advisers comply with this Confidentiality Clause; and
9.4.2. as may be required by law, acourt of competent jurisdiction or any governmental or regulatory authority.

9.5.  You shall not use Pawlyclinic's confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with the Services provided on the Platform or any separate agreement made with Pawlyclinic.

data protection

10.1.  Personal data means data, whether true or not, about an individual who can be identified:
10.1.1. from that data alone; or
10.1.2. from that data and other information which you have or are likely to have access.

10.2.  You must comply with all of your obligations under the Personal Data Protection Act 2012 of Singapore and any other applicable legislation in relation to the personal data of the Clients or authorised caregivers obtained from the Platform ("PersonalData"), at your own cost.

10.3.  You shall only process, use or disclose the Personal Data:
10.3.1.  strictly for the purposes of fulfilling your obligations and providing the Services required on the Platform or any separate agreement made with Pawlyclinic;
10.3.2.  with Pawlyclinic's prior written consent; or
10.3.3.  when required by law or an order of court but shall notify Pawlyclinic as soon as practicable before complying with such law or order of court at your own costs.

10.4.  You shall protect the Personal Data in your control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information and communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of the Personal Data, or other similar risks.

compliance

In providing Services on the Platform or in respect of any separate agreement made with Pawlyclinic, you shall comply with:
11.1.  All applicable laws, statutes and regulations from time to time in force; and
11.2.  Pawlyclinic’s prevailing business policies.

indemnification

You shall indemnify and hold harmless Pawlyclinic, its related and affiliate companies, its and their shareholders, directors, officers, employees, agents, contractors (collectively, “Indemnified Parties”) from and against all claims, demands, proceedings, judgements, losses, damages, costs, and expenses of any nature (including legal costs and other expenses incidental there to on a full indemnity basis) which the Indemnified Parties may incur or suffer in respect of:
12.1. any loss of life, personal injury and/or damage arising from or out of any occurrences what so ever in the provision of the Services;
12.2. any loss or damage in connection with any breach or default by you in respect of these Terms of Use or any separate agreement made with Pawlyclinic;
12.3.any claims against the Indemnified Parties by any party in relation to any matter arising out of or in connection with the provision of the Services or performance or non- performance of your obligations under these Terms of Use orany separate agreement made with Pawlyclinic;or
12.4.any loss or damage what so ever resulting from any act or omission by you in the provision of the Services.

limitation of liability

13.1.You expressly agree that use of the Platform is at your sole risk. Pawlyclinic provides the Platform on an “as is” and “as available” basis. Pawlyclinic expressly disclaims with respect to the provision of Services and the use of the Platform all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workman like effort and lack of negligence. You assume total responsibility and risk for your use of the Platform and related services.

13.2.You acknowledge and agree that Pawlyclinic does not provide veterinary medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party providers, including veterinarian clinics and other veterinary professionals in the Pawlyclinic network.

13.3.Not withstanding anything here in contained, the Indemnified Parties shall not be liable to you nor shall you have any claim of any nature against the Indemnified Parties in respect of or arising out of:
13.3.1.  any interruption, disruption or cessation in your provision of Services for any reason whatsoever; or
13.3.2.  any damage, injury or loss caused by other members or persons in the provision of Services.

13.4. The Indemnified Parties shall not be responsible to you nor to any other persons for any:
13.4.1. accident, happening or injury suffered in the provision of Services;
13.4.2. damage to or loss of any goods or property in relation to the provision of Services; or
13.4.3. act, omission, default or negligence of any employee, servant, agent, affiliate and/or service providers of the Indemnified Parties.

13.5.  The Indemnified Parties shall not under any circumstances have any liability to you nor to any party for loss of business, loss of profits, loss of anticipated savings, loss or damageto data, third party claims or any consequential or indirect loss for any reason whatsoever.

insurance

14.1.You shall maintain, at your own expense, professional indemnity insurance equivalent to the professional indemnity insurance included with the Singapore Veterinary Association (SVA) membership, and any other insurance in form and amount appropriate to insure your business, property, and to cover any liability to third parties or to your employees or contractors.
14.2.Pawlyclinic may request proof of your insurance coverage at any time.

termination

15.1.You may terminate your account as a Provider on the Platform by emailing to vets@pawlyclinic.com.
15.2. Pawlyclinic reserves the right, in its sole discretion, to deny or suspend access to the Platform to anyone for any reason without notice.

general

16.1. Governing Law. These Terms of Use and any separate agreement made with Pawlyclinic which links to these Terms of Use shall be governed by and construed in accordance with Singapore Law. Both Parties accept the exclusive jurisdiction of the courts of Singapore.
16.2. Right to Modify. Pawlyclinic may amend, at its sole discretion, these Terms of Use at any time. Continued use of the Platform following notice ofany such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
16.3. Notice. Any notice, demand or other communications required or permitted to be given or made shall be in writing and may be given or made by letter or email. Notices are deemed to be served on Pawlyclinic, if delivered to Pawlyclinic’s registered office address or emailed to vets@pawlyclinic.com; and to the Provider, if delivered to your registered address, Clinic address or email addresses provided by you. The Parties may designate an alternative address or email address by notice in writing to the other Party. Notices shall be deemed to have been received, in the case of email, at the time of dispatch, and in the case of a letter by hand or prepaid AR registered post, the day of actual receipt.
16.4. Severability. The invalidity or unenforceability of any provisions of these Terms of Use or separate agreement made with Pawlyclinic shall not affect the validity or enforceability of any other provision, which shall remain in fullforce and effect.
16.5. No Waiver. The failure of Pawlyclinic to insist upon strict adherence to any term of these Terms of Use or any separate agreement made with Pawlyclinic on any occasion shall not constitute a waiver of Pawlyclinic’s rights. Pawlyclinic shall not be deprived of the right there after to insist upon strict adherence to that term or any other term.
16.6. Survival. The termination of any separate agreement made with Pawlyclinic or your account as a Provider on the Platform or shall not affect anyrights that may have accrued to Pawlyclinic arising out of orin relation to any breachmade by you.
16.7. Contracts. A person who is not a Provider under these Terms of Use or a Party to any separate agreement made with Pawlyclinic has no right under the Contracts (Rights of Third Parties)Act, Chapter 53B of Singapore to enforce or to enjoy the benefit of any term of these Terms of Use or any separate agreement made with Pawlyclinic.
16.8. Currency and GST. All references to prices, fees or rates are in Singapore Dollars (SGD)and exclude Goods and ServicesTax (GST) unless otherwise stated.

Last updated: 17 June 2021
Effective date: 17 June 2021