Terms and Conditions

Effective date: 17th of October 2018

These Terms and Conditions (the “Terms”) for the website https://borovalleyvetclinic.ie (the “Website”) constitute a legally binding agreement between the user of the Website (the “user”, “you”, and “your”) and Borovalley Veterinary Clinic having a registered place of business at Ballybrittas, Bree, Enniscorthy, Co. Wexford Y21HD91, Ireland (the “Company”).

By using the Website, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, please do not use the Website or contact the Company to express your concerns.

1. General information

1.1 About the Website. The Website features information about the veterinary services (the “Services”) provided by the Company and the contact details of The Borovalley Veterinary Clinic (the “Clinic”) operated by the Company. The Website also offers a possibility to make payments for the Services provided at the premises of the Clinic.

1.2 Minors. The Website is not marketed to and should not be accessed and used by persons under the age of 18.

1.3 License to use the Website. The Company grants you a personal, revocable, non-exclusive, non-transferable, and limited license to use the Website pursuant to these Terms.

1.4 Your representations. By using the Website, you represent and warrant that:

You will not use the Website in a way that violates any applicable laws;
You are at least 18 years old; and
You will use the Website only in accordance with these Terms.

1.5 Other relevant terms. Other terms that include important provisions regarding your use of the Website are the privacy and cookie policy available at https://borovalleyvetclinic.ie/privacy-and-cookie-policy (the “Privacy Policy”) and other terms and conditions made available on the Website.

2. Privacy

The Company is committed to protecting your right to privacy and complying with applicable data protection laws, including the Irish Data Protection Act 2018 that implements the EU General Data Protection Regulation (GDPR). Therefore, before using the Website, you are strongly encouraged to review our Privacy Policy available at https://borovalleyvetclinic.ie/privacy-and-cookie-policy, which explains in detail Company’s practices and procedures for collection and processing of your personal data through the Website.

3. Payment processing

3.1 The Website allows you to make payments for the Services provided to you at the Clinic, subject to the invoice issued by the Company. The invoice is an integral part of the service sale contract concluded between you and the Company at the Clinic. Service sale contracts are governed by the Irish Sale of Goods and Supply of Services Act 1980.

3.2 All payments made through the Website will be processed by the third party payment processor Stripe (“Stripe”). You agree not to hold the Company liable for payments that do not reach it because you have quoted incorrect payment information or Stripe refused the payment for any other reason.

3.3 Please note that Stripe may collect from you some personal data, which allows it to process the payments requested by you. We do not collect or store any payment information provided by you to Stripe, including your credit/debit card numbers. Stripe handles all the steps in the payment process on its website, including data collection and data processing.

3.4 Refunds. Unless otherwise required by the applicable law, the Company will not provide refunds of the payments made by you. If you are unsatisfied with the Services, please express your concerns to the Company as soon as possible so that the issue can be remedied. Where possible, the Company will put reasonable efforts to repair or replace the provided Services.

4. Prohibited use

4.1 You are not permitted to use the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Fraud;
Provision of false, inaccurate, or misleading information;
Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior;
Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Website;
Interfering with or abusing other users of the Website;
Using bots and other automated methods; or
Collecting and disclosing any information about other users of the Website.

5. Intellectual property

5.1 Most of the content made available on the Website is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers (the “Company’s Content”). The Company’s Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Company’s Content is protected by the applicable intellectual property laws.

5.2 Unless otherwise stated in these Terms, you are not allowed, without obtaining a prior written permission from the Company, to:

Distribute Company’s Content;
Copy Company’s Content;
Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Company’s Content; and
Distribute, rent, loan, use, lease or attempt to grant other rights to Company’s Content to third parties.

5.3 Third-party intellectual property. Some of the trademarks and other intellectual property featured on the Website may be owned by third parties (e.g., social media providers). Such third-party intellectual property does not belong to the Company and remains the sole property of the respective third party proprietors.

5.4 Copyright infringement claims. The Company respects intellectual property rights. If you have any grounds to believe that any content made available through the Website violates your or third party’s intellectual property rights, you can contact the Company at [email protected] and express your concerns or request to remove the allegedly infringing content. The Company will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to the Company, please make sure that you sign it and include the following information:

Identification with sufficient detail of the copyrighted work that you believe has been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material;
Your contact details allowing the Company to respond to your claim;
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.

6. Availability of the Website

6.1 The Company puts reasonable efforts to ensure that the Website is always accessible to you. However, the availability of the Website may be affected by factors, which are outside of Company’s reasonable control, such as bandwidth problems, equipment failure, or Force Majeure events. The Company takes no responsibility for the unavailability of the Website caused by such factors.

7. Third party links and applications

7.1 The Website may contain links to websites and other online sources owned by third parties (e.g., social media providers and Stripe). The Company is not responsible or liable in any manner for the content of such third-party websites and sources.

8. Disclaimer of warranties

8.1 The Company provides the Website on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, the Company does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Website. To the extent permitted by the applicable law, the Company hereby disclaims all warranties regarding the Website and its operation.

8.2 By using the Website, you acknowledge that the Company may use third party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third party suppliers may be outside of Company’s control. To the maximum extent permitted by law, the Company excludes any liability for any loss or damage resulting from the acts and omissions of such third party suppliers.

9. Limitation of liability

9.1 Unless otherwise stated in the applicable law, the Company shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with the Website. You agree not to hold the Company liable in respect of any losses arising out of any event or events beyond Company’s reasonable control.

10. Indemnification

10.1 You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

11. Severability

11.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

12. Term and termination

12.1 The Terms enter into force on the Effective Date indicated at the top of the Terms and remain in force until terminated by the Company. The Company reserves the right, in its sole discretion, to terminate the Terms at any time.

12.2 Your rights under these Terms will be automatically terminated if you breach these Terms. Upon termination of the Terms, all legal rights granted to the user pursuant to the Terms will terminate and you shall stop using the Website.

13. Governing law and disputes

13.1 To the extent permitted by the applicable law, these Terms shall be governed by the laws of Ireland. Any disputes arising out of or in relation to these Terms shall be submitted to the exclusive jurisdiction of the courts in Dublin, Ireland.

13.2 If you are not satisfied with the quality of the Services provided by the Company, you are kindly requested to contact the Company as soon as possible and express your concerns. The Company will respond to your request without undue delay.

13.3 Irish consumers. If you are a consumer (i.e., a natural person acting outside his/her trade, business, craft or profession) based in Ireland and you are not satisfied with how the Company handles your claim, you have the right to take your claim to the Small Claims Court at your local District Court office or contact the Consumer Protection Commission.

13.4 EEA consumers. If you are a consumer based in the EU, Norway, Iceland or Liechtenstein, any contractual disputes related to provision of online services can also be resolved out-of-court on the web-based Online Dispute Resolution platform developed by the European Commission. The Online Dispute Resolution platform is available in 23 official languages of the European Union at https://ec.europa.eu/consumers/odr.

14. Marketing and advertisement

14.1 The Company will not send you direct marketing messages, such as newsletters, brochures, promotions and advertisements, or contact you by any other means with the purpose to offer you services, unless the Company receive your express (“opt-in”) consent to receive such marketing messages. Please note that your voluntary subscription to the newsletter substitutes such opt-in consent. The Company may also inform you, without obtaining your prior consent, about our new products and services that are closely related to the products and services already used by you.

14.2. From time to time, if the Company has your contact details, it may send you informational notices. We send such notices on an “if-needed” basis and they DO NOT fall within the scope of direct marketing communication that requires your prior consent (as described above). Such informational notices include:

Important information about the Website, your privacy and security, and other important matters; and
Updates about the Services requested by you.

14.3 You can opt-out from receiving marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you or contacting the Company directly.

15. Amendment

15.1 The Company reserves the right to amend or modify the Terms from time to time by posting an amended version on the Website, indicating the date of the amendment and, if the Company has your contact details, informing you about the amendments by email. In case you continue using the Website after such an amendment, you agree to the amendments of the Terms.

15.2 Last amendment. These Terms have been last amended on 17^th of October 2018.

16. Contact

16.1 The Company can be contacted by using the following contact details:

Company name: Borovalley Veterinary Clinic
Address: Ballybrittas, Bree, Enniscorthy, Wexford Y21HD91, Ireland
Company registration number: [please insert]
VAT number: [please insert]
Email address: [email protected]