**Your attention is drawn in particular to Clause 5 (Liability)**
We are Independent Vetcare Limited (trading as the Pet Health Club) (“We” “Us” “Our”). These are the terms on which we supply health care plans (“Plans”) and the corresponding Veterinary Services and related Products to you (“terms”).
Please read these terms carefully before you submit your order for one of Our Plans. These terms tell you how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact Us to discuss.
When We use the words "writing" or "written" in these terms, this includes email.
1. YOUR MEMBERSHIP
1.1 Your membership to a Plan entitles you to the preventative treatments detailed in the applicable plan on Our website https://www.thepethealthclub.co.uk/our-plans (“Veterinary Services”).
1.2 Our acceptance of your purchase of a Plan will take place when We email you to accept it, at which point a contract will come into existence between you and Us.
1.3 If We are unable to accept your order, We will inform you of this in writing and will not charge you for the Plan. This might be because of unexpected limits on Our resources which We could not reasonably plan for or because a credit reference We have obtained for you does not meet Our minimum requirements.
1.4 Your membership to the chosen Plan will come into effect from the time you are first charged, as detailed in Clause 3 below.
1.5 Your membership to the Plan will last for 1 year from the date of it coming into effect, and will automatically renew unless it is cancelled as detailed in Clause 4 below.
1.6 We will endeavour to provide Veterinary Services in accordance with reasonable standards denoted by the RCVS guidelines for practice standards and the professional conduct of veterinary surgeons and veterinary nurses. All Veterinary Services supplied under your Plan will be completed in accordance with normal professional standards.
1.7 Veterinary Services shall be supplied during your practice’s normal business hours. At Our discretion, We may arrange for the Veterinary Services to be supplied at various locations and outside of normal business hours.
2. SUPPLY OF PRODUCTS
2.1 As part of your membership to a Plan certain products that are associated with the Veterinary Services may be provided to You (“Products”). In the event of any defect or failure in any Product Our liability to you shall be restricted to replacing or repairing the Product or refunding the price paid by you for the Product. These terms shall apply in respect of any repaired or replaced Products.
2.2 You acknowledge and agree that all Products must only be used in accordance with the instructions supplied with them or issued orally by the veterinary surgeon providing the Veterinary Services or other practice staff. If you have any questions or concerns regarding the use of any Product, you should consult the veterinary surgeon providing the Veterinary Services or other practice staff for clarification.
2.3 Any Product supplied by Us shall be of satisfactory quality, fit for purpose expressly agreed by the veterinary surgeon providing the Veterinary Services or other practice staff and shall comply with any description given. All other warranties, expressed or implied, are hereby excluded to the fullest extent permitted by law.
2.4 You may also be entitled to discounted rates on certain goods sold by Us. These discounts are detailed on our Website and may be replaced by equivalent offers from time to time.
3.1 The price of your membership shall be charged to you in accordance with the price set out on Our website https://www.thepethealthclub.co.uk/our-plans. We may vary the price of membership of your Plan to the Pet Health Club on each anniversary of you entering into this agreement in line with the retail price index.
3.2 The amount payable for membership of the Plan will be as communicated to you either a) at the time of joining by one of our veterinary surgeons or a member of the practice’s staff if you join in person, or b) on our website if you join online. At the time of joining, you will need to make an initial payment. Subject to Clause 3.3, all other payments after this will be by Direct Debit. Your first Direct Debit payment will be taken at least 28 days after your initial payment and subsequent payments will be taken every month from that date.
3.3 Alternatively, you can pay for your membership of the Plan annually in advance by visiting one of Our practices who can process your payment. Where you do so, your membership of the Plan will end on the anniversary of your payment.
3.4 All payments through Our website by credit or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via a third party validation tool. Your credit or debit card will be charged once your details have been verified. Once your payment has been charged you can benefit from the Plan right away.
3.5 We may refer overdue accounts to Our debt collection agency.
3.6 In the event that any invoice or other sum owed by you is not paid when due then, without prejudice to any other remedies available to us, We may at any time:
3.6.1 add additional charge(s) to your outstanding account in order to recover fees and costs in connection with the collection of the sum owed (including but not limited to administrative costs and debt collection agency fees); and 3.6.2 issue notice to you that no further Veterinary Services and/or Products or other Plan benefits will be supplied to you.
3.7 The advertised price is inclusive of VAT. We will pass on changes in the rate of VAT. If the rate of VAT changes, We will adjust the rate of VAT that you pay on any future payments.
3.8 If you are unable to pay for the Veterinary Services We are only obliged to fulfil Our minimum legal responsibilities and professional obligations in respect of your pet.
4. CANCELLING YOUR MEMBERSHIP
4.1 If you have entered into this contract online, you have a right to change your mind within 14 days and receive a refund. However, you must pay Us for the services provided up until the time you tell Us that you have changed your mind.
4.2 We may cancel your membership of the Plan on three months’ notice to expire on the anniversary of your Plan. 4.3 In addition to Clauses 4.1 and 4.2, you can cancel your membership of the Plan at any time, but if you cancel partway through a year, we’ll calculate what you’ve already paid and Our standard list price cost of the Veterinary Services, Products and goods for which you received a discount under your Plan that you’ve received during that Plan year. If there’s a shortfall, you’ll need to pay the difference which shall not exceed the amount that would have been payable for a full year’s membership of the Plan.
5.1 We carry professional indemnity insurance in the sum of £150,000 for criminal or disciplinary action, £5,000,000 per claim for human injury, £250,000 domestic pet ("Insured Sum") for any single claim. We supply Veterinary Services and Products to you on the condition that Our liability for any loss, claim, cost or expense arising out said supply shall not exceed and shall be limited to a maximum of the Insured Sum.
5.2 Nothing in these terms shall:
5.2.1 exclude or limit Our liability for death or personal injury caused to a human being or any other liability that cannot be excluded by law; or
5.2.2 render Us liable for any indirect or consequential loss (including, but not restricted to, loss of profit or loss of savings) which liability shall be excluded to the maximum extent permitted by law.
6.1 It is Our intention that all Our clients should be satisfied with the Veterinary Services and any Products supplied. In the event that you are dissatisfied with any aspect of the Veterinary Services or Products supplied by the practice or practice staff, in the first instance you should contact the Clinical Director or Practice Manager at your practice to discuss your concerns and he shall endeavour to address any issues arising.
6.2 In the case of a complaint, We may share your information with Our insurers or Our indemnity providers or other professional advisors if We believe that this will enable Us to resolve your complaint more effectively.
8.1 No alteration may be made to these terms without Our express written consent. We may update or amend these terms at any time by placing a notice to that effect in Our premises.
8.2 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 3 months of us telling you about it and we will refund you any payments you have made in advance for products not provided.
8.3 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. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
8.4 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through Our site is appropriate for use or available in other locations.
8.5 When signing up to a Plan online, if you use a promotional code, any promotional item(s) you may be due are subject to availability.
8.6 We are a limited company registered in England and Wales under company number 07746795 and have Our registered and main trading office at The Chocolate Factory, Keynsham, Bristol BS31 2AU. Our VAT number is 115 1416 58.
8.7 If you have any questions You can contact Us by writing to Us at Independent Vetcare Limited, The Chocolate Factory, Keynsham, Bristol, BS31 2AU, or telephone 01225 481520, or by emailing Us at email@example.com.
8.8 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 in your order.
8.9 These terms shall apply to the exclusion of all other terms and conditions.