Terms of Sale

TERMS OF SUBSCRIPTION TO PET HEALTH CLUB 

These terms include important information - please read them carefully. We recommend that you print a copy of these terms for future reference.

By joining and using the Pet Health Club, you accept and agree to be bound and abide by these terms. If you do not agree to these terms, you must not join or use the Pet Health Club.

CONTENTS

1.    These terms
2.    Information about us and how to contact us
3.    Our contract with you
4.    The Pet Health Club
5.    Term of your contract
6.    Your rights to end the contract
7.    How to end the contract with us (including if you have changed your mind)
8.    Our rights to end the contract
9.    If there is a problem with the services
10.    Price and payment
11.    Our responsibility for loss or damage suffered by you
12.    How we may use your personal information
13.    Other important terms
14.    We may make changes to these terms

OUR TERMS

1.    These terms

1.1    What these terms cover. These are the terms and conditions on which you may join and use the Pet Health Club. 

1.2    Other terms that apply. The following terms (available on our website) also apply in the following circumstances:

Our Privacy Policy This applies when you provide us with any personal details. It explains what personal data we collect and how we use it.

1.3    Why you should read them. Please read these terms carefully before you join and use the Pet Health Club. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

2.    Information about us and how to contact us

2.1    Who we are. We are Independent Vetcare Limited, trading under the name below. 

2.2    Our company details. Our company details are as follows:

Business Name Pet Health Club
Company Name Independent Vetcare Limited
Registered Address The Chocolate Factory, Keynsham, Bristol, BS31 2AU
Place of Registration England and Wales
Company Number 07746795
VAT Number 115141658


2.3    How to contact us. You can contact us by post, email or telephone as follows:

Address Pet Health Club, The Chocolate Factory, Keynsham, Bristol, BS31 2AU
Email info@thepethealthclub.co.uk
Telephone 01225 489821

2.4    How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you register with us. 

2.5    "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.    Our contract with you

3.1    The Pet Health Club is only available for pets that are registered at a participating practice. A list of participating practices is available on our website.

3.2    You can apply to join the Pet Health Club in a participating practice or online at our website. Your subscription with the Pet Health Club is a contract between you and us (not between you and the participating practice) and is subject to these terms. That contract comes into existence, and your subscription starts, when we or the practice confirms to you that we have accepted your application. An email simply acknowledging that we or the practice have received your application shall not be treated as confirmation that we have accepted your application. 

3.3    You are responsible for registering your pet at a participating practice. Your registration with a participating practice is a contract between you and that practice (not between you and us) and is subject to their terms and conditions - please read them carefully before you agree to register with them. If your pet is not registered at a participating practice, you must do so within 30 days of us accepting your application to join the Pet Health Club. We do not promise that a participating practice will accept your registration. 

4.    The Pet Health Club

4.1    The Pet Health Club is a preventative pet healthcare plan. It is not a pet insurance policy or intended to be a replacement for a pet insurance policy. We recommend that our clients take out appropriate pet insurance for their pet with a reputable insurer. We do not provide pet insurance or arrange pet insurance for our clients.

4.2    Your subscription is specific to your pet identified in your application. When you apply to join the Pet Health Club you will be asked to identify your pet. Your subscription is specific to that pet and cannot be used for any other pet or transferred to another pet. 

4.3    Your subscription can only be used at your chosen practice. We may at our discretion agree to change your chosen practice to another participating practice (such as when you are moving house).  You can request a change in your chosen practice or online at https://www.thepethealthclub.co.uk/transfer . We will endeavour to deal with your request within 14 days. If your chosen practice no longer participates in the Pet Health Club, we will let you know by post or email (including details of alternative participating practices in your area and your rights to cancel your registration).

4.4    The veterinary services and benefits that you will receive depend on your chosen plan. These are limited to the routine preventative healthcare treatments and discounts set out in the published details of the plan. We will provide you with details of the plans available when you register to join the Pet Health Club. Your subscription does not include any of the following:

(a)    The cost of consultations that may or may not precede clinical treatment;

(b)    Any treatment, drugs, medications or general health improvers (such as, but not limited to, vitamins or ‘nutraceuticals’)that is not expressly included in the published details of the plan that is deemed clinically necessary by your chosen practice in the event of illness (short-term or long-term) and injury;

(c)    Any food products (including, but not limited to, prescription and special dietary food);

(d)    Treatment provided by your chosen practice outside of normal surgery hours and/or outside of the surgery; and

(e)    Any treatment that continues after your subscription has been cancelled.

4.5    Veterinary services under your subscription will be provided by your chosen practice. Your contract for the performance of veterinary services will be between you and your chosen practice and is subject to their terms and conditions - please read their terms carefully before you agree to receive services from them. Veterinary services that are not under your subscription will be provided by your chosen practice at their discretion. If your subscription includes the cost of those veterinary services, you will not be required to pay the practice for those veterinary services (up to any limits set out in your chosen plan). If your subscription includes discounts on the price of veterinary services, we will ensure that the practice applies those discounts (up to any limits set out in your chosen plan). You will be responsible for paying your chosen practice directly for any other the cost for veterinary services.

4.6    We may make changes to the veterinary services and benefits under your subscription. We may do so annually when the contract automatically renews and will let you know at least 45 days before the contract automatically renews. If you do not agree to the changes, you may end the contract as explained in clause 6.5. We may also do so during a contract year if any veterinary services or benefits under your subscription are no longer available, and will let you know at least 45 days before the change will take effect. If you do not agree to the change, you may end the contract by letting us know at least 30 days before the date that the change will take effect.

5.    Term of your subscription

Your subscription is an annual rolling contract. The price of your subscription is based on the provision of veterinary services and benefits over a 12-month period. Your subscription starts when we or the relevant practice confirms to you that we have accepted your application to join the Pet Health Club, and continues for a 12-month period and then automatically renews for successive 12-month periods (each 12-month period being referred to in these terms as a “contract year”). 

6.    Your rights to end your subscription

6.1    You can always end your subscription.  Your rights to end your subscription depend on why you are ending your subscription:

(a)    If you have changed your mind about joining the Pet Health Club, see clause 6.2.

(b)    If you want to end your subscription because you are unable to register your pet with a participating practice, see clause 6.3;

(c)    If you want to end your subscription because your pet has died, see clause 6.4

(d)    If you want to end your subscription because of something we have done or have told you we are going to do, see clause 6.5; or

(e)    If you do not want your subscription to automatically renew at the end of a contract year, see clause 6.6.

6.2    Ending your subscription when you have changed your mind (Consumer Contracts Regulations 2013). If you apply to join the Pet Health Club online, you have a legal right to change your mind and cancel your subscription immediately within 14 days of the date that we send you an email confirming that we have accepted your application. You do not have a right to change your mind where you have started using or you have received any benefits under your subscription, even if the cancellation period is still running.

6.3    Ending your subscription if you are unable to register your pet with a participating practice. You can end your subscription immediately if your pet is not registered at a participating practice and you are unable to do so within 30 days of us accepting your application to join the Pet Health Club.

6.4    Ending your subscription where your pet has died. You can end your subscription immediately if your pet dies.

6.5    Ending your subscription because of something we have done or are going to do. You can end your subscription immediately at any time for any of the following reasons:

(a)    we have told you about an upcoming change to the Pet Health Club or your chosen plan or these terms which you do not agree to (see clause 4.7);

(b)    we have told you about an error in the price or description of your chosen plan and you do not wish to proceed (see clause 10.2); 

(c)    we have told you about an upcoming change to the price of your chosen plan or these terms which you do not agree to (see clause 10.5); or

(d)    you have a legal right to end the contract because of something we have done wrong. 

6.6    Ending your subscription if you do not want it to automatically renew. If you do not want your subscription to automatically renew at the end of a contract year, you must let us know at least 30 days before the end of that contract year.

7.    How to end your subscription 

You must tell us that you want to end your subscription by email (from the email address that you have registered with us to the email address above) or by post (to the address above). Please provide your name, home address, details of your pet, details of the practice at which your pet is registered and, where available, your phone number and email address. 

8.    Our rights to end your subscription

8.1    Ending your subscription if you don’t or are unable to register your pet with a participating practice. We can end your subscription immediately if your pet is not registered at a participating practice and you don’t or are unable to do so within 30 days of us accepting your application to join the Pet Health Club.

8.2    Ending your subscription because of something you have done or not done. We can end your subscription immediately at any time for any of the following reasons:

(a)    if the information that you provided to us on registration is inaccurate, incomplete or misleading;

(b)    if your pet ceases to be registered with your chosen practice (or alternative practice that we have approved under these terms) except where your pet has died;

(c)    if you break any of the terms of the contract;

(d)    if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or

(e)    if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the benefits of your chosen plan to you.

8.3    Ending your subscription in any other circumstances. We may end your subscription at any time for any other reason. We will write to you to let you know at least 30 days before the contract ends. 

9.    Consequences of ending your subscription.

9.1    At the end of your subscription your contract with us will automatically terminate. You will no longer be entitled to any of the benefits or discounts under your subscription

9.2    You will be entitled to a refund of the price paid for your subscription or to pay us additional charges as follows:

(a)    If you end your subscription under clause 6.2 or clause 6.3, or we end your plan under clause 8.1, we will refund any subscription fees that you have already paid for that subscription;

(b)    If you end your subscription under clause 6.4, if the value of the veterinary services and discounts that you have received in that contract year is less than the amount that you have already paid us in that contract year, we will refund the difference to you. 

(c)    If you end your subscription under clause 6.5 or we end your subscription under clause 8.3: (i) if the value of the veterinary services and discounts that you have received in that contract year is less than the amount that you have already paid us in that contract year, we will refund the difference to you; and (ii) if the value of the veterinary services and discounts that you have received in that contract year is more than the amount that you have already paid us in that contract year, we reserve the right at our discretion to ask you to pay us the difference. You may also be entitled to compensation

(d)    If we end your subscription under clause 8.2, if the value of the veterinary services and discounts that you have received in that contract year is more than the amount that you have already paid us in that contract year, we reserve the right at our discretion to ask you to pay us the difference.

9.3    Ending of your subscription and your contract with us does not affect your registration and contract with your practice. Your rights to end your registration and contract with your practice depends on the terms of that contract.

10.    If there is a problem with the services.

10.1    How to tell us about problems. If you have any questions or complaints about your subscription or the veterinary services that your chosen practice has provided to you or about any of our staff, please refer to our Complaints Policy (a link to which is included above) or contact us at our postal address, email address or telephone number above.

10.2    How to tell us about problems with payments. If you have any questions or complaints about any payments under your subscription or your direct debit mandate, you may also contact our direct debit provider by post at Easy Direct Debits Limited, 99 Holdenhurst Road, Bournemouth, BH8 8DY or by email at help@easydirectdebits.co.uk.  

10.3    Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to services product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, for example veterinary services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

11.    Price and payment

11.1    The price of your subscription will be the price for your chosen plan indicated when you register to join the Pet Health Club. Our prices and rates are inclusive of VAT, where applicable. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the plan you have chosen. 

11.2    What happens if we got the price wrong. It is always possible that, despite our best efforts, the price of your chosen plan that we have published or given to you is incorrect. We will normally check prices before accepting your application. If we find that the price of your chosen plan is incorrect before accepting your application we will contact you for your instructions before proceeding. If we find that the price of your chosen plan is incorrect after we have accepted your application, and it is obvious that it is or would reasonably have been recognised as being incorrect or an error, we reserve the right to cancel your subscription and refund any sums that you have already paid for your subscription.

11.3    You must pay the price for your subscription in advance in monthly instalments. You must pay the price for the first month to us by debit or credit card when we accept your application. After that, you must pay the price for each month to us by direct debit. We are unable to accept payments by cash, cheque, electronic payment (such as paypal) or bank transfer. We will provide you with a direct debit mandate (or a link to set up your direct debit online) when you apply to join the Pet Health Club. We may set up, manage and collect your direct debit payments ourselves or using a third party to do so on our behalf. The price for your subscription is payable in advance. You must let us know about any changes to your direct debit details at least 14 days before your next payment is due.

11.4    We may take further action if your direct debit payment fails. If your direct debit payment has failed, we will re-present the payment request to your bank within 3 - 5 working days. If your direct debit payment has failed 3 times, we reserve the right at our discretion to terminate the contract immediately. We reserve the right to charge an administration fee of £10 for each failed direct debit payment to cover our additional administration costs. 

11.5    We may increase or decrease the price of your chosen plan. We may do so annually when your subscription automatically renews, and will let you know at least 45 days before the contract automatically renews. If you do not agree to the change, you may end your subscription as explained in clause 6.5. We may also do so during a contract year if the cost of providing the benefits under your chosen plan substantially increase, and will let you know at least 45 days before the change will take effect. If you do not agree to the change, you may end the contract by letting us know at least 30 days before the date that the change will take effect.

12.    Our responsibility for loss or damage suffered by you

12.1    We are responsible to you for foreseeable loss and damage caused by us. If we materially fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury to human beings caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.3; and for defective products under the Consumer Protection Act 1987.

12.3    We are not liable for business losses. We only supply the products and services for domestic and private use. If you use the products or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4    We are not liable for your use of any products or services otherwise than in accordance with their instructions or as directed by your veterinary surgeon. Veterinary medicinal diet feed should only be used where recommended and by way of regular monitoring by a veterinarian. The veterinarian should be visited regularly (every 6 months) during the feeding for check-up examinations and without delay in the event of deterioration in the animal’s condition.

12.5    Our liability to you is limited. Subject to the above exceptions, our liability to you for any damages, losses, claims, costs or expenses arising out of our supply of any products or services shall not exceed the total fees payable by you for your Pet Health Club subscription and the veterinary services in question, even if the amount of professional indemnity insurance that we carry is higher.

13.    How we may use your personal information

When you apply to join and participate in the Pet Health Club, we will collect personal data about you. We will only use your personal information as set out in our Privacy Policy (a link to which is included above). This includes sharing personal data about you with our direct debit and payment providers.

14.    Other important terms

14.1    We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2    You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3    Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4    If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6    Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

15.    We may make changes to these terms

15.1    We may amend these terms from time to time. We recommend that you check them each time you use our website or place an order to make sure that you are aware and understand the terms that apply at that time.

15.2    These terms were most recently updated on 21 February 2022.