(a) These Terms and Conditions contain the terms and conditions that govern your Membership and is an agreement between OurVet Pty Ltd ACN 126 436 628 (referred to as “OurVet” “we”, “our” or “us”) and you or the entity you represent (referred to as “you” or “your”).
(b) By applying for a Membership you agree to these Terms and Conditions.
(c) By accepting these Terms and Conditions, you agree to be bound by these Terms and Conditions for the Term and any renewed Term. As such, you should read these Terms and Conditions carefully.
(d) Terms which are capitalised in these Terms and Conditions have the same meaning as defined in clause 15 unless specified otherwise.
- Your Membership commences when you sign the application form for your Membership and submit your application form to us (Commencement Date).
(a) Your Membership aims to:
- educate you in relation to the health and wellness of your Companion Animal to ensure that your Companion Animal lives a longer, happier and healthier life;
- promote wellness veterinary services for the benefit of your Companion Animal;
- promote veterinary services and veterinary products for the benefit of your Companion Animal; and
- source discounted veterinary services and veterinary products for the benefit of your Companion Animal.
(b) Unless otherwise indicated in these Terms and Conditions, your Membership applies to each stage of your Companion Animal’s life, including within the first 12 months of the Companion Animal’s life.
(c) Importantly, your Membership is not a pet insurance policy. It compliments any pet insurance that you may have. We encourage you to maintain pet insurance in addition to this Membership. However, you are not obligated to maintain pet insurance to be a member of the Membership and enjoy the Membership Benefits.
2.2 Membership Benefits
(a) Your Membership entitles you to receive the following benefits in respect of your Companion Animal during the Term subject to availability of veterinary staff for those services to be provided by veterinary staff:
(i) unlimited free consultations with our veterinary staff at OurVet Clinics during normal consulting hours;
(ii) 20% Discount on all food and product (excluding services and live animals) purchased at Best Friends Pet Stores for your Companion Animal;
(iii) unlimited nail clipping (excludes sedation for nails);
(iv) a flat fee contribution of $250.00 for a dental scale and polish procedure at OurVet Clinics for Adult Companion Animals;
(v) free micro-chipping if your Companion Animal is not micro-chipped;
(vi) 10% discount on all other services, products and medication provided by OurVet Clinics, including desexing;
(vii) free breed disposition consultation at OurVet Clinics any day of the week;
(viii) free weight management consultations at OurVet Clinics any day of the week;
(ix) one free health screen per annum, which includes:
- wellness blood screen;
- urine examination;
- faecal examination (parasites); and
- heartworm testing for Adult Companion Animals;
(x) in addition to the above Membership Benefits, if your Companion Animal is a dog:
- 20% discount on grooming services provided at Best Friends Pet Stores between the days of Monday and Friday;
- one free C5 vaccination per annum for Adult Dogs;
- three free C5 protection vaccinations per annum for Puppies;
- free puppy class membership at Best Friends Pet Stores for Puppies if you join before the second puppy class attendance;
(xi) in addition to the above Membership Benefits, if your Companion Animal is a cat:
- one free F3 vaccination per annum for Adult Cats;
- three free feline aids vaccinations per annum for Adult Cats;
- three free feline aids vaccinations per annum for Kittens;
(xii) any other benefits we deem to be Membership Benefits from time to time.
(b) Subject to our Fair Use Policy, you may redeem any of the Membership Benefits at any of our OurVet Clinics or Best Friends Pet Stores, as the case may be, at any time, subject to availability of veterinary staff for those services to be provided by veterinary staff, unless we advise you otherwise in writing.
(c) Membership Benefits are not transferrable or exchangeable and cannot be taken as cash.
(d) Membership Benefits are not available to be used in conjunction with any other discount, promotion or package offered by us, a Related Body Corporate or other third party unless we advise you otherwise in writing.
(e) We do not guarantee or warrant that any or all of the Membership Benefits will be available at all times and we may vary, change or substitute any of the Membership Benefits with effect from the commencement of any further Term as set out in clause 12 in the event that we are unable to provide a membership Benefit or due to unforeseen circumstances.
(f) We will make every effort to have veterinary staff and veterinary care available during normal consulting hours but we do not guarantee or warrant that we will be able to supply such services at all times.
(g) It is your responsibility to ensure that you receive all of your Membership Benefits. We will endeavour to send you reminders of any unused Membership Benefits so that you can get the most out of the Membership before the end of the current Term, but we are not obligated to do so. Any unused Membership Benefits at the end of the current Term will be forfeited and cannot be redeemed for cash, even if your Membership is renewed.
2.3 Membership Conditions
As a condition of your Membership you must:
- link your Membership to only one Companion Animal, which may only be a dog or a cat;
- only use the Membership Benefits for your Companion Animal and not for any other pet or animal. However, you may have multiple Memberships if you own more than one companion animal. Discounts may apply for maintaining multiple Memberships. See our website for more details;
- comply with the Fair Use Policy and these Terms and Conditions in relation to redeeming your Membership Benefits;
- update your contact details with us when they change so that we can keep in touch;
- pay to us all amounts when they are due under these Terms and Conditions; and
- comply with our or our Related Body Corporate’s terms and conditions in relation to any of the goods or services offered and provided to you under the Membership Benefits. To the extent that there are any inconsistencies, these Terms and Conditions will prevail.
2.4 Membership Card
- On becoming a Member, we will send a Membership Card to you at the address set out in the Application Form.
- You must present your Membership Card to us, or you must quote your membership number set out on the front of the Membership Card to us, to redeem your Membership Benefits.
- The Membership Card remains our property and must be returned to us on demand.
- The Membership Card is only valid for use by you for the Term and is not transferable.
In the event of loss, theft or unauthorised use of the Membership Card or unauthorised use of a membership number, it is your responsibility to advise us as soon as possible. You will be liable for all use of the Membership Card and access to the Membership Benefits until we are notified of the loss, theft or unauthorised use of it. We may, at our discretion, charge you a replacement fee if a replacement Membership Card is issued.
3. Fair Use Policy
It is important to us that each member of the Membership is able to access the Membership Benefits. Accordingly, without prejudice to our other rights and remedies under these Terms and Conditions, where we consider your usage of a Membership Benefit is unreasonable or adversely affects other Members or other users of our goods and services (“unreasonable use”), we may contact you to discuss changing your usage so that it conforms to the Fair Use Policy. If, after we have contacted you, your unreasonable use continues, we may without further notice suspend or terminate your Membership.
4. Fee, Charges and Payments
- You must pay to us the Membership Fee using one of the payment methods we support. At the Commencement Date, you may choose to pay the Membership Fee for the Term in full at the Commencement Date or in equal monthly instalments on the anniversary of each month of the Term, by direct debit from a bank account or credit card. There is no difference in the cost of the Membership Fee if you pay upfront or monthly via direct debit.
- If you have elected to pay the Membership Fee by way of direct debit, you must enter into the Direct Debit Agreement and strictly comply with its terms. If there is any inconsistency between these Terms and Conditions and the Direct Debit Agreement in relation to payment of the Membership Fee, the Direct Debit Agreement will prevail to the extent of any inconsistency. A clause is only taken to be inconsistent if the subject matter of that clause is dealt with in both these Terms and Conditions and the Direct Debit Agreement in a different manner.
- If you have not used your Membership to obtain any Membership Benefit and you indicate to us within four weeks of the Commencement Date (Cooling Off Period) that you would like to cancel your Membership due to a change of mind, we will cancel your Membership and refund any money paid to us.
- Without prejudice to our other rights and remedies under these Terms and Conditions, if any amount payable under these Terms and Conditions is not paid on or before the due date we reserve the right, at our discretion, to suspend your Membership until we receive all such payments.
- All amounts payable under these Terms and Conditions will be made without setoff or counterclaim, and without any deduction or withholding. We may set off against any payment due to us any unpaid debts you owe us or owe any of our Related Body Corporates.
- Your Membership is for an initial term of 12 months (Term) commencing on the Commencement Date and expiring 12 months after the Commencement Date (End Date).
- Your Membership will be automatically renewed for the same Term as the initial Term unless your Membership is terminated by you or us in accordance with these Terms and Conditions before the End Date. You agree to comply with these Terms and Conditions (as amended) on renewal.
- We will attempt to contact before the End Date to advise you of: the end date of your Membership; the Membership Fee for the following Membership year; the automatic renewal of your Membership for the same Term as the initial Term; and what you need to do if you do not wish to renew your Membership.
- If you do not wish to renew your Membership, you must give us notice in accordance with clause 6.2. If we do not receive such notice from you then your Membership will be automatically renewed subject to the Membership Fee being paid.
6.1 Termination by us
(a) We may immediately suspend, terminate or limit your access to, and use of, all your Memberships where it is reasonably necessary to protect our legitimate business interests, without notice to you, including but not limited to where:
- you breach any of these Terms and Conditions (including a breach of the Direct Debit Agreement) or we consider, in our reasonable opinion, that you have used your any of your Memberships in a way that does not conform to our Fair Use Policy;
- you use (or in our reasonable opinion we believe you have used) a Membership Benefit for any pet or animal that is not your Companion Animal;
- you have not paid any amount owing under these Terms and Conditions;
- you have not paid the Membership Fee for the renewed Term;
- you are declared bankrupt.
(b) We may also terminate your Membership without giving any reason provided that we give you at least 30 days’ notice of termination. If we terminate your Membership without cause, we will refund to you a portion of the Membership Fee paid by you to us pro-rated according to the period of the current Term that is outstanding.
(c) If your Membership has been suspended, terminated or limited due to you breaching any of these Terms and Conditions, reactivation of your Membership will be at our discretion. If we agree to reactivate your Membership, we will require payment in full of all outstanding amounts due and payable to us in relation to your Membership. For the avoidance of doubt, this also includes any part of the Membership Fee that is payable during the period of suspension, termination or limitation.
(d) To the extent permitted by law, we will not be liable for any loss or damage suffered or incurred by you or anyone else as a result of our termination of your Membership.
(e) Termination of your Membership does not prejudice any right or claim that we have or may have against you.
6.2 Termination by you
- You can terminate your Membership at any time by giving us 14 days written notice. You will be required to pay all amounts that are, or become, due and payable up until that termination date.
- You can choose to not renew your Membership by giving us at least 30 days’ written notice before the End Date that your Membership is not to be renewed.
- In the event where you or your Companion Animal’s ability to access ongoing Membership Benefits no longer possible or becomes very limited, you may submit a written request to your OurVet clinic to cancel your Membership early before the expiry of any Term. The cancellation of your Membership is at our discretion on provision of required evidence. In this case where an early cancellation is accepted by us, we will evaluate the total value of Membership Benefits received versus Membership Fee paid to the date of early cancellation. If the total value of Membership Fee paid to date is greater than the total value of Membership Benefits received, we may refund the difference to you in good faith. If the total value of Membership Fee paid is less than the total value of Membership Benefits received, then we may request you to pay the difference before the Membership can be cancelled. In any case, the total difference requested for payment will not exceed the total annual Membership Fee. In this evaluation a $10 Direct Debit cancellation fee will be deducted if applicable (if you are a Direct Debit member) and all values will be calculated including GST.
7. Consequences of Termination
On the expiry or termination of Your Membership:
- you will no longer be able to access or obtain any Membership Benefits related to your Membership and any Membership Benefits that you did not choose to redeem or obtain will be forfeited;
- we will cancel your Direct Debit Agreement in accordance with the terms of the Direct Debit Agreement once all amounts owing to us under these terms and Conditions have been paid;
- you will not be entitled to a refund of any money paid (except as may be agreed in clause 6.2 (c)) under these Terms and Conditions unless we have terminated your Membership without cause or you are otherwise entitled to a refund at law;
- all amounts owing to us under these Terms and Conditions become due and payable;
- clauses which by their nature are intended to continue beyond termination or expiry of these Terms and Conditions will continue.
8. Your Warranties
You warrant on the Commencement Date and during each day of the Term that:
- you are at least 18 years of age;
- you are the registered owner of your Companion Animal; and
- you have full power and capacity to enter into and perform the obligations under these Terms and Conditions and can do so without the consent of any person.
9. Our Warranties
- To the extent permitted by law, we do not give any warranties as to the availability or performance of the goods or services under your Membership Benefits.
- Without limitation, we do not make any representations or give any warranties that the use of the Membership Benefits will lead to a longer, happier and healthier life for your Companion Animal.
10. Liability and Indemnities
- Where we supply goods or services to you as a Consumer as defined in the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Act)), then nothing in this clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the Act.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- To the maximum extent permitted by law, our liability to you (or any person claiming through or under you) for all loss or damage arising out of or in connection with these Terms and Conditions whether arising in tort (including negligence), statute or contract is limited to the Membership Fee we receive from you for the current Term of your Membership.
- To the maximum extent permitted by law, you agree to fully indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless against any expenses, costs, losses (including consequential losses), claims, or damage that we (and our officers, directors, agents, subsidiaries, joint ventures and employees) may suffer or incur as a result of, or in connection with, your use of, access to or conduct in connection with your Membership, including but not limited to any breach by you of these Terms and Conditions or any laws or statute.
- To the maximum extent permitted by law, in the event that you have a dispute with or claim against us (or our officers, directors, agents, subsidiaries, joint ventures or employees), you agree to fully and forever release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential), arising out of or in any way connected to such dispute with or claim against us (or our officers, directors, agents, subsidiaries, joint ventures or employees) or the Membership or a Membership Benefit.
- Nothing in these Terms and Conditions limits any rights or remedy which you may have by application of statute which we cannot contract out of.
- You acknowledge and agree that this clause 10 is intended to survive termination of your Membership.
- Terms which are defined or have a special meaning in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning in these Terms and Conditions, when used in relation to GST, unless indicated to the contrary.
- If a GST is imposed on any supply made under or in connection with these Terms and Conditions (a taxable supply) the party obliged to pay for the taxable supply will pay additional consideration of an amount equal to the GST payable on or for the taxable supply.
- The charges referred to in these Terms and Conditions are inclusive of GST.
12. Changes to Membership Benefits or these Terms and Conditions
(a) During the Term, we will not vary your Membership and these Terms and Conditions.
(b) We reserve the right to vary your Membership and these Terms and Conditions in respect of any further Term in any way, including:
- varying, amending, changing, substituting or revoking any of the Membership Benefits;
- changing the value of rewards or limiting the availability of rewards under the Membership Benefits;
- varying how you may use the Membership Benefits; and
- imposing restrictions on the use of the goods and services offered as part of the Membership Benefits as may reasonably be deemed by us to be necessary or convenient for the orderly administration of the Membership.
(c) Details of our current terms will be available on our website. If your Membership commenced prior to the date of the Terms and Conditions published on our website your membership may be subject to different Terms and Conditions that applied at the time of your Membership.
(d) Changes to these Terms and Conditions made pursuant to clause 12(b) will become effective on the commencement date of any further Term and your renewal of your Membership in accordance with these Terms and Conditions for that further Term will constitute acceptance of the amended terms. If you do not wish to accept the amended terms and conditions, you must terminate your Membership before the end of the current Term in accordance with clause 6.2.
- These Terms and Conditions constitute the entire agreement between us and you. It supersedes all prior agreements, understandings and representations whether oral or written.
- You may not assign or in any other way deal with your rights and obligations under these Terms and Conditions without our consent, including if you sell, or give away or otherwise transfer your Companion Animal.
- All notifications under these Terms and Conditions will be by email to your nominated email address. By entering into these Terms and Conditions, you agree to receive email and other electronic communications of a marketing and promotional nature unless you opt out of receiving such communications.
- If any provision or provisions of these Terms and Conditions is or are deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision or those provisions will not affect the validity of the remaining provisions in these Terms and Conditions, which will remain in full force.
- Any waiver or election in relation to a provision of or a right or remedy arising under these Terms and Conditions must be in writing and signed by the party granting the waiver.
- A failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy arising from a breach of or default under these Terms and Conditions, TermsAndConditions_OurVetCompleteCare20190701 does not result in a waiver of that right, power, authority, discretion or remedy.
- These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the jurisdiction of the courts of the State of Victoria and of the courts competent to hear appeals from the courts of that State.
Adult Cat means a cat 10 months of age or older.
Adult Dog means a dog 10 months of age or older.
Application Form means the application form for your dog or cat which sets out the details and information required by us in order to become a Member of the “Complete Care Program” offered by OurVet.
Best Friends Pets Store means a pet shop (excluding online) operated by our Related Body Corporates from time to time.
Commencement Date has the meaning in clause 2.1(a).
Companion Animal means your dog or cat chosen for the purposes of this Membership and which dog or cat was specified on the Application Form.
Direct Debit Agreement means the direct debit agreement and the direct debit request service agreement entered into between Debitsuccess Pty Ltd ACN 095 551 581 and you in accordance with clause 4(b) in relation to the payment of the Membership Fee.
Discount means a price discount based on the full price offered by us to the public exclusive of, and before, any discounts, promotions or other offers that may apply at any time in relation to the full price.
Fair Use Policy means the fair use policy devised by us from time to time, which as at the Commencement Date is the policy set out in clause 3.
Kitten means a cat less than 10 months of age.
Membership means your membership to the “Complete Care Program” offered by OurVet for the Term in accordance with these Terms and Conditions and Member has the corresponding meaning.
Membership Card means a VIP membership card issued by us to you for use during your Membership.
Membership Fee means for:
- the initial term, the membership fee described on the Application Form; and
- any renewed terms, the membership fee as advised by us in writing from time to time in accordance with clause 5(c).
Membership Benefits if your Companion Animal:
- is a dog, means the benefits listed under clause 2.2(a)(i); and
- is a cat, means the benefits listed under clause 2.2(a)(ii), and each benefit listed under clause 2.2(a)(i) or 2.2(a)(ii) is a Member Benefit for your dog or cat, as applicable.
OurVet Clinics means the veterinary clinics operated by us from time to time.
Premium Food means any food designated as premium food by us from time to time, including dog and cat food supplied by Advance, Hill’s, Royal Canin, Pro Plan, Black Hawk, Nutro, Holistic Select, IAMS and Eukanuba, and including prescription foods prescribed by us to your Companion Animal from time to time.
Puppy means a dog less than 10 months of age.
Related Body Corporate has the meaning given in section 9 of the Corporations Act 2001 (Cth).
Term has the meaning in clause 5(a).
Terms and Conditions means these terms and conditions as amended from time to time in accordance with clause 12, together with any and all other written information relating to your Membership provided to you when you sign up to the Membership, including the Application Form and the Direct Debit Agreement.