GoFetch and GoFetch+ Terms and Conditions


Welcome to GoFetch and GoFetch+. These Terms and Conditions as amended from time to time (this “Agreement”) form a legally binding agreement that governs your use of the Principal Veterinary Clinic Services, other GoFetch and GoFetch+ Services and GoFetch Applications (each as defined below). By using the Principal Veterinary Clinic Services, other GoFetch+ Services and GoFetch Applications, you agree to comply with the terms and conditions of this Agreement. As you read through this Agreement, please note that: “us”, “our”, and “GoFetch” refer to Future Pet Animal Health Inc. dba GoFetch; and “you” and “your” refer to you, the user of the GoFetch+ Services and GoFetch Applications.

PLEASE TAKE THE TIME TO READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THIS INCLUDES, AMONG OTHER IMPORTANT PROVISIONS, VARIOUS LIMITATIONS ON YOUR RIGHTS, TERMS REGARDING THE USE OF PERSONAL INFORMATION, LIMITATIONS ON THE LIABILITY OF GOFETCH, OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, AND A CLAUSE GOVERNING JURISDICTION, VENUE AND ARBITRATION TERMS FOR ANY DISPUTES.

You must accept this Agreement in order to access and use the Principal Veterinary Clinic Services, other GoFetch+ Services, and GoFetch Applications, including your Rewards Account (as defined below).

Effective Date: January 1, 2022.

1. Interpretation.
In addition to the words defined throughout this Agreement, the following definitions apply:
All decisions regarding the interpretation of the terms and conditions of this Agreement, and any disputes arising therefrom, will be resolved by GoFetch in its sole discretion.
2. For GoFetch+ Customers—GoFetch+ Services Overview:
GoFetch or, in the case of the Principal Veterinary Clinic Services, your Principal Veterinary Clinic, has made available for subscription certain Pet Care Plans on the GoFetch Applications, and you have elected to subscribe to a Pet Care Plan for a bundle of services as described in more detail in the GoFetch Applications (collectively the “GoFetch+ Services”): 
3. For GoFetch Loyalty Program Customers—Loyalty Program Services Overview:
GoFetch has made available for subscription and you have elected to subscribe to a “Loyalty Program” on the GoFetch Applications, described in more detail in the GoFetch Applications (collectively the “GoFetch Loyalty Program Services”):
4. For GoFetch Payment Plan Customers—Payment Plan Overview: 
GoFetch's "buy now pay later" payment plan (the "Payment Plan") is an unsecured fixed credit at zero interest rate provided through GoFetch Applications to finance one-time expenses associated with medical services for your pet that you purchase for personal, family or household purposes (the “Financed Expenses”) at the Primary Clinic. The loan term options may vary based on your selection in the GoFetch Applications. If you agree to use the Payment Plan, you will forgo half (5%) of your Cash Rewards on all out-of-plan in-clinic purchases to which GoFetch+ members subscribe to a Pet Care Plan would otherwise be entitled. GoFetch will pay the Financed Expenses to the Primary Clinic on your behalf in exchange for your promise to repay the same amount plus a cost of credit/cost of borrowing amount. Before completing any transaction on your behalf through the Payment Plan, GoFetch will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms and conditions for that transaction. The Payment Plan is subject to a cost of credit/cost of borrowing amount (i.e., the dollar amount that the loan will cost you). GoFetch will always disclose the specific cost of credit/cost of borrowing amount before you agree to entering into the Payment Plan. You will be required to enter into a loan agreement with GoFetch substantially in the form attached as Schedule A in connection with the Payment Plan. 
5. Age Limitation. 
The GoFetch and GoFetch+ Services and GoFetch Applications are only intended for users who are at least 18 years old. By using the GoFetch+ Services and GoFetch Applications, you represent and warrant to us that you are at least 18 years old.
6. Pet Care Plans
7. Primary Clinic and other Service Providers. 
You acknowledge that your interactions, communications, use and receipt of any services offered by the Primary Clinic or other Service Providers are at your own risk. You also acknowledge that all veterinary office visits and exams, appropriate life stage vaccines, appropriate life stage diagnostics, and other Principal Veterinary Clinic Services are provided solely by the Primary Clinic and not GoFetch. GoFetch does not provide veterinary services and, with respect to such services, is only acting as an agent of the Primary Clinic in administrative matters or is making available through its GoFetch Applications the services of third party Service Providers. You agree that you are solely and ultimately responsible for subscribing to your Pet Care Plan, selecting the Primary Clinic or other Service Providers and accepting their services. You are encouraged to discuss and verify any credentials or profile information on your own and directly with the Primary Clinic or other Service Providers before agreeing to subscribe to your Pet Care Plan and accept its services. GoFetch makes no guarantees or assurances that the Primary Clinic or other Service Providers possess and/or will continue to possess the necessary licenses, training, certifications, and educational background required to perform the services that the Primary Clinic or other Service Providers offer, advertise or provide. GoFetch also makes no representations or warranties as to the accuracy or completeness of any information that the Primary Clinic or any other Service Provider may make available through the GoFetch Applications. GoFetch does not control or verify any third party statements or reviews of the Primary Clinic or any other Service Provider that are made available through the GoFetch Applications, and is not responsible for any false or misleading claims contained in any reviews, advertisements or other materials associated with the Primary Clinic or any other Service Provider.
8. No Liability for Primary Clinic.
GoFetch is acting as an agent of the Primary Clinic in its offering of the Principal Veterinary Clinic Services. GoFetch is not liable for the actions or failures to act of the Primary Clinic and its respective directors, agents, contractors, employees or personnel in connection with the delivery of the Principal Veterinary Clinic Services. GoFetch makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and the Primary Clinic. You acknowledge that you may enter into separate terms, agreements or provide waivers to the Primary Clinic in connection with, or as a condition to, your receipt of the Primary Clinic's services (“Customer Agreements”). Under no circumstances will GoFetch be a party or third party beneficiary to any Customer Agreements, and any terms in a Customer Agreement that purport to impose obligations upon GoFetch that are beyond the scope or are in addition to GoFetch’s responsibilities in this Agreement will be void and invalid. You will comply with the terms of any Customer Agreements. GoFetch will have no liability for any breach of a Customer Agreement by you or the Primary Clinic and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with a Customer Agreement.
9. No Liability for Service Providers.
Service Providers, including the veterinary experts providing advice through the Connect to a Vet service, are third parties and not agents, employees, personnel or representatives of GoFetch. GoFetch is not liable for the actions or failures to act of any Service Provider and its respective directors, agents, contractors, employees or personnel in connection with the delivery of the GoFetch+ Services. GoFetch makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and the Service Providers. Under no circumstances will GoFetch be a party or third party beneficiary to any agreements that you may enter into with any Service Provider, and any terms in such agreement that purport to impose obligations upon GoFetch that are beyond the scope or are in addition to GoFetch’s responsibilities in this Agreement will be void and invalid. GoFetch will have no liability for any breach of such agreement by you or the Service Provider and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with such agreement.
10. Rewards Program.
11. Connect to a Vet service is for Medical Guidance Only.
As a subscriber of a Pet Care Plan, you have access to our "Connect to a Vet" service and may seek the advice of our veterinary experts through the GoFetch Applications. ANY ADVICE PROVIDED THROUGH OUR CONNECT TO A VET SERVICE IS FOR YOUR DECISION SUPPORT PURPOSES ONLY TO PROVIDE YOU GENERAL INFORMATION TO ASSIST YOU IN MAKING YOUR VETERINARY MEDICAL CARE DECISION. OUR CONNECT TO A VET VETERINARIANS AND VETERINARY TECHNICIANS DO NOT DIAGNOSE, PRESCRIBE, OR TREAT ANY MEDICAL CONDITIONS, AND ARE NOT A SUBSTITUTE FOR A VISIT TO YOUR PRIMARY VETERINARIAN. IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY. 
12. No Veterinarian-Patient Relationships.
You acknowledge and agree that although some of the resources and materials that are made available through your use of GoFetch+ Services and GoFetch Applications may be provided by individuals in the veterinary profession (including the Principal Veterinary Clinic Services provided by the Primary Clinic and information provided by through the GoFetch "Connect to a Vet" or Service Providers in direct response to your questions or postings), the availability or provision of such information and services does not and will not create a veterinary client-patient relationship (VCPR), or other medical professional/patient relationship, between GoFetch and you and your pet in any circumstances.
13. No Endorsement.
GoFetch does not in any way endorse or recommend the Primary Clinic or any particular Service Providers, individuals, entities, products, services or devices that are listed, marketed, advertised, reviewed or otherwise made accessible through the GoFetch Applications. Any recommendations or referrals provided though GoFetch "Connect to a Vet" are provided for informational purposes only, and are not endorsements.
14. Service Efficacy.
Not all services that are available through the GoFetch Applications will be appropriate for you, and therefore GoFetch makes no claims about the efficacy of any particular service, the Primary Clinic or any Service Provider, including any information provided through GoFetch "Connect to a Vet" or through the Principal Veterinary Clinic Services. GoFetch does not guarantee or make any representations and warranties, whether express or implied, with respect to any services accessible or made available through GoFetch+ Services and GoFetch Applications.
15. No Third-Party Beneficiaries.
This Agreement is between you and GoFetch only and no other parties, including the Primary Clinic. You agree there are no third party beneficiaries under this Agreement.
16. Your Responsibilities.
You must at all times comply with the terms of this Agreement, in order for you to use GoFetch+ Services and GoFetch Applications. In addition, you hereby agree as follows:
17. Policies.
If you violate any terms of the Agreement, GoFetch may take any action it deems appropriate, including suspending or terminating your Rewards Account or your ability to use GoFetch+ Services and GoFetch Applications. You acknowledge and understand that investigation and enforcement of any suspected, reported or discovered violations are within GoFetch’s sole discretion, including the decision to take any action against you, other Members or the Primary Clinic. GoFetch has the sole discretion to suspend, disable, remove, restrict, modify or delete your access to your member account, GoFetch+ Services and GoFetch Applications on a temporary or permanent basis without notice or liability to you. You acknowledge and understand that any gross, severe or repeated violations of the GoFetch Code of Conduct can result in criminal prosecution, and GoFetch may report and release information concerning such violating activities to the appropriate authorities.
18. General Content on GoFetch Applications.
By using GoFetch+ Services and GoFetch Applications, you can provide, share, receive and exchange information, content and materials with the Primary Clinic and GoFetch "Connect to a Vet" within the GoFetch Applications. If you receive any information, content or materials from a Member, the Primary Clinic or through the GoFetch "Connect to a Vet", you agree you will not share or disclose such materials unless permitted by the party that provided it. You are permitted to share content or materials that are generally accessible and made available to all Members and the Primary Clinic through the GoFetch Applications, which may include posts, submissions, contributions, articles, images, photos or other content provided by GoFetch, GoFetch "Connect to a Vet", the Primary Clinic and Members (“General Content”). You may be permitted to share certain General Content outside of the GoFetch Applications, including uploading onto third party sites, such as social media. You are solely responsible for providing any source attributions, credits or obtaining necessary permissions to share or display such General Content outside of the GoFetch Applications, if applicable.
19. Responsibility for your Content.
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sound recordings, works of authorship, applications, links and other content or materials, including intellectual property, that you submit, post, share, use, provide, transmit, or display on or through use of GoFetch+ Services and GoFetch Applications (“Content”). You will ensure you have or have received all necessary rights and licenses to any Content you display, provide or share to GoFetch, GoFetch "Connect to a Vet", Members and the Primary Clinic, or that you generally make accessible through use of GoFetch+ Services and GoFetch Applications. You are solely responsible for your Content, including any confidential information contained therein and enforcement of any Intellectual Property Rights (as defined below) you claim to such Content. Thus, you agree to provide Content at your own risk. GoFetch will not be responsible or liable to you for the use or sharing of your Content by Members and the Primary Clinic that you share or make generally available within the GoFetch Applications, including any Content that is shared outside to third parties and social media. 
20. Your Content License to GoFetch.
You hereby grant to GoFetch a worldwide, non-exclusive, transferable, sub licensable, royalty free, fully paid up right and license to use, copy, distribute, display, publicly perform, modify and create derivative works of any Content you display, provide or make generally available in the GoFetch Applications, for use in connection with GoFetch+ Services and GoFetch Applications (the “License”). The License excludes any Content that you share using GoFetch+ Services through GoFetch "Connect to a Vet", to the Primary Clinic or to Members in closed communications, which are not otherwise viewable or accessible within the GoFetch Applications. You represent, warrant, and covenant and can demonstrate to GoFetch’s full satisfaction upon request that you (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share provide, transmit, or display on or through the GoFetch Applications does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content through the GoFetch Applications or GoFetch+ Services, or the exercise of the License by GoFetch, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to GoFetch. You agree to waive any moral rights worldwide you may have in the Content that you submit using GoFetch+ Services or GoFetch Applications.
21. Data Use.
You acknowledge and approve GoFetch accessing your pet’s electronic health record and your transaction data, which may be used to administer the GoFetch+ Services and your Rewards Account, provide automatic reconciliation of earned rewards, automate notifications regarding services and offers related to the GoFetch+ Services, as well as for research purposes to improve the performance of Go Fetch Health’s products and services.
22. No Transfer of GoFetch Intellectual Property Rights.
As between you and GoFetch, GoFetch owns and retains all right, title and interest in and to GoFetch+ Services and GoFetch Applications, and all Intellectual Property Rights therein. Nothing in this Agreement shall be deemed as a transfer, implied or otherwise, of any GoFetch Intellectual Property Rights to you. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials provided by GoFetch, GoFetch+ Services or the GoFetch Applications and agree not to use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using GoFetch+ Services or GoFetch Applications, or otherwise permitted by GoFetch regarding your use of General Content.
23. No Special Relationship or Fiduciary Duty.
You acknowledge that GoFetch has no special relationship with or fiduciary duty to you. You also acknowledge that GoFetch has no control over, and no duty to take any action on other Members, GoFetch "Connect to a Vet" or the Primary Clinic. GoFetch has no obligation to you regarding which users gain access to GoFetch+ Services and GoFetch Applications. You agree that GoFetch is not liable to you for any effect or harm that General Content, information and materials you access and use through GoFetch Applications has on you. You agree to use such materials and any information contained at your own risk.
24. Termination
This Agreement commences on the date you first download, access or use GoFetch Applications or GoFetch+ Services until the termination or expiration of your account or access to GoFetch Applications by either you or GoFetch. Upon termination of this Agreement, you will cease all use of GoFetch+ Services and GoFetch Applications. On any termination of this Agreement, Sections 19 to 23 and 25 to 39 and any other section that by its nature should survive the termination of this Agreement, shall in each case survive any termination of this Agreement. We reserve the right to suspend or terminate your access to GoFetch Applications and GoFetch+ Services with reasonable notice to you if you are in breach of this Agreement, you are using the GoFetch+ Services in a manner that would cause a real risk of harm or loss to us or other users, or you haven't accessed GoFetch+ Services for 12 consecutive months. No notice will be given before termination if you are in material breach of this Agreement, doing so would cause us legal liability or compromise our ability to provide the GoFetch+ Services to our other users, or we are prohibited from doing so by law.
25. Maintenance and Support
GoFetch has no obligation to furnish any maintenance and support for GoFetch+ Services or GoFetch Applications, unless required by applicable law. 
26. Indemnification.
You agree to release, defend, indemnify and hold harmless GoFetch, its affiliates, shareholders, and each of its employees, contractors, directors, officers, suppliers and representatives (collectively, “GoFetch Indemnitees”) from all liabilities, claims, damages, losses and expenses, including without limitation, reasonable legal and accounting fees brought against GoFetch Indemnitees by any third party, including other Members or the Primary Clinic, arising out of or related to all claims or demands that arise out of or relate to (i) your use of GoFetch+ Services or GoFetch Applications, (ii) your Content, (iii) your use and/or receipt of services from the Primary Clinic, (iv) your breach or noncompliance with the GoFetch Code of Conduct or this Agreement, or (v) your breach of a Customer Agreement.
27. Disclaimer of Warranties.
GOFETCH+ SERVICES, GOFETCH APPLICATIONS, THE REWARDS PROGRAM, GENERAL CONTENT, AND ALL OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GOFETCH+ SERVICES AND GOFETCH APPLICATIONS ARE PROVIDED BY GOFETCH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOFETCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GOFETCH+ SERVICES OR GOFETCH APPLICATIONS, THE PRIMARY CLINIC OR OTHER SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH+ SERVICES OR GOFETCH APPLICATIONS, INCLUDING ANY BACKGROUND OR QUALIFICATIONS OF THE PRIMARY CLINIC, GOFETCH "CONNECT TO A VET" AND OTHER SERVICE PROVIDERS. YOU EXPRESSLY AGREE THAT YOUR USE OF GOFETCH+ SERVICES, GOFETCH APPLICATIONS, THE PRIMARY CLINIC AND OTHER SERVICE PROVIDERS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOFETCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOFETCH DOES NOT WARRANT THAT THE GOFETCH+ SERVICES, GOFETCH APPLICATIONS, THE PRIMARY CLINIC'S SERVICES, SERVICES PROVIDED BY OTHER SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH+ SERVICES, GOFETCH APPLICATIONS, GOFETCH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOFETCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
28. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOFETCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF GOFETCH+ SERVICES, GOFETCH APPLICATIONS, PRINCIPAL VETERINARY CLINIC SERVICES, THE PRIMARY CLINIC, SERVICES PROVIDED BY ANY OTHER SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GOFETCH+ SERVICES AND GOFETCH APPLICATIONS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF GOFETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOFETCH ARISING FROM OR RELATED TO THIS AGREEMENT, GOFETCH+ SERVICES OR GOFETCH APPLICATIONS, OR THE USE THEREOF EXCEED THE AMOUNT PAID BY YOU FOR THAT PORTION OF THE GOFETCH+ SERVICES OR GOFETCH APPLICATIONS THAT GAVE RISE TO THE CLAIM. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF CAD$20.00 OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT PET CARE PLAN WITH GOFETCH. 
29. Exceptions.
If your non-identifiable data are used for research purposes, then sections  25 (Indemnification) and 27 (Limitation of Liability) are waived with respect to any harms suffered or liabilities incurred as a result of any research activities. 
30. Class Actions.
You and GoFetch both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both you and GoFetch each waive any right to a jury trial.
31. Governing Law.
You agree that this Agreement and any dispute arising from this Agreement or your use of the GoFetch Applications shall be governed by, and construed and enforced in accordance with the laws of the Province of British Columbia, without regard to the conflict of laws principles thereof, and the federal laws of Canada applicable therein. However, your jurisdiction of residence may have laws that require agreements to be governed by the local laws of your jurisdiction. This paragraph does not override those laws.
32. Assignment.
You will not assign this Agreement under any circumstances without the prior written consent of GoFetch.
33. Territorial Restrictions.
GoFetch reserves the right to limit the availability of GoFetch+ Services or GoFetch Applications, or any information, materials, content or feature thereof, to any person, geographic area or jurisdiction, at any time and in GoFetch’s sole discretion.
34. Amendment.
GoFetch reserves the right to make changes to GoFetch+ Services, GoFetch Applications, Privacy Policy and this Agreement at any time, which will be effective on the date of publication of a revised version thereof on our website or in our products, unless otherwise stated. If an update affects your use of the GoFetch+ Services or your legal rights as a user of our GoFetch+ Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the GoFetch+ Services after the updates come into effect, you agree to be bound by the revised terms and conditions.
35. Modifications to the Service and Prices.
Prices for our plans are subject to change as noted in section 5.d above. We reserve the right at any time to modify or discontinue the GoFetch+ Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the GoFetch+ Service.
36. Notices and electronic communications.
You consent to receive communications from GoFetch electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through GoFetch+ Services or GoFetch Applications, including your inbox in your account, and you can retain copies of these communications for your records. You agree that all agreements, amendments, notices, disclosures, and other communications that GoFetch provides to you electronically satisfy any legal requirement that such communications be in writing.
37. Severability.
If any term of this Agreement is held to be invalid or unenforceable under applicable law, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of GoFetch, and all other remaining terms of the Agreement will remain valid and enforceable.
38. No waiver.
GoFetch’s failure to exercise or enforce its rights under this Agreement does not waive GoFetch’s right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by GoFetch.
39. Entire Agreement.
This Agreement constitutes the entire agreement between you and GoFetch with respect to the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. 
40. Contact information.
Should you have any questions, please contact GoFetch at info@GoFetch.ca


Schedule A
Payment Plan Loan Agreement 

1. Your Loan.
2. Interest and Fees. 
3.Cost of Credits. 
The total cost of credit/cost of borrowing to you will be as is set out in the Disclosure Statement in the form as attached in Exhibit A, which forms an integral part of this Agreement, provided that you repay the loan in a timely manner by making the payments when due and paying all applicable fees as they become due.
4. Payments.
  1. AutoPay. You may authorize us to automatically process all Monthly Payments by preauthorized electronic fund transfers that debit your designated bank account each month (“AutoPay”). You can establish, view, change, or cancel AutoPay in your online loan account in GoFetch Applications (the "Online Account"). If you want to change or cancel a scheduled AutoPay payment or recurring AutoPay authorization, you must do so at least three (3) Business Days prior to the date the next payment is scheduled.
  2. One-Time Electronic Payment. You may authorize a one-time electronic payment in your Online Account. You must schedule the one-time electronic payment at least three (3) Business Days prior to the Due Date to be sure it is received on or before the Due Date.
5. Your Representations, Warranties, and Covenants.
6. Default.
You will be in default of this Agreement if at any time: 
7. Acceleration Upon Default..
8. Reporting and Sharing of Your Credit Information. 
GoFetch may report information about your loan to consumer reporting agencies. Late payments, missed payments, or other defaults on your loan may be reflected in your consumer credit report. You understand that the reporting of information about your loan to consumer credit reporting agencies may adversely affect your credit rating and your ability to get other credit. You also agree that GoFetch may report your name, the fact that you have taken a loan from GoFetch, and information about your payment history on your loan, including if you default, to investors in any investment fund that owns your loan or any interest in your loan or to any other persons or investors that own your loan or any interest in your loan.
9. Amendments.
10. Other Terms and Conditions.

Exhibit A
Disclosure Statement

This initial disclosure statement (the “Disclosure Statement”) contains a summary of the financial terms of your loan (the "Loan") contained in your Payment Plan Loan Agreement with GoFetch (the “Loan Agreement”) that GoFetch provided to you concurrently with this Disclosure Statement. Capitalized terms not defined herein shall have the same meaning given to them in the Loan Agreement.
Effective Date
Credit Sale
Loan Amount


Advance Amount



Term


Total Cost of Credit/Cost of Borrowing

Annual Interest Rate

Annual Percentage Rate

Other Fees



Total Payment

Regular Payments
















Prepayment














Default
January 1, 2022
The goods and services that are purchased under the Loan Agreement are:

The principal amount of your Loan is $● (the “Loan Amount”). This amount must be repaid by you, together with applicable fees, within the Term.

GoFetch will advance $● (the “Advance Amount”) to you at the time that you incur one-time expenses associated with medical services for your pet at your Primary Clinic (the "Advance Date"). The Advance Amount is the total amount that will be advanced to you under the Loan.

The term of the Loan is ● months (the “Term”), beginning on the Advance Date and ending on ● (the “Maturity Date”).

The total cost to you for borrowing is $●, which is equal to 10% cash rewards on all out-of-plan in-clinic purchases that would otherwise be received by a GoFetch+ member who has not enrolled in the Payment Plan.

Your Loan bears zero percent interest prior to the Maturity Date.


Based on the Total Cost of Credit/Cost of Borrowing, the annual percentage rate (“APR”) of the Loan is estimated to be ●%.

If any repayment on your Loan is returned for any reason, including non-sufficient funds or stop payment orders, GoFetch will charge you a fee of ● dollars ($●) (“NSF Fee”)  for each such returned repayment to the extent permitted by applicable law.

Your total payments over the Term will be $●.

Payment Amount: The amount of each principal payment will be $●, which is equal to the Loan Amount divided up the number of months in the Term (each a “Principal Payment”).

Payment Frequency:
Your regular payments on the Loan will be payable monthly, commencing on the Initial Disbursement, and continuing on the same day of each successive month during the Term.

Payment Method: [You will make payments by way of preauthorized electronic fund transfers that debit your designated bank account each month or one-time electronic payment in your Online Account.]

How We Apply Your Payments:
When we receive a regular payment from you, we will apply it in the following order:

1. to pay outstanding fees, including [Late Fees] and NSF Fees; and
2. to reduce the balancing owing of the Loan Amount.


You may prepay the full outstanding portion of your Loan at any time before it is due without any prepayment charge or penalty.If you prepay the full outstanding portion of your Loan, GoFetch will refund or credit you a prescribed portion of any non-interest finance charges that was paid by you or was added to the outstanding Balance.You are entitled to, on any scheduled payment date, or at least monthly, to prepay less than the full outstanding Balance owing under this Agreement, without any prepayment charge or penalty but in such event, are not entitled to a refund or credit of any non-interest finance charges.

FOR ONTARIO ONLY:

If you prepay the full outstanding portion of your Loan, GoFetch will refund or credit you a portion of any non-interest finance charges that was paid by you or was added to the outstanding Balance, calculated using the formula C × [(N – M) ÷ N] in which, “C” is the amount of the charge, “N” is the Term, and “M” is the length of the period between the start of your loan and date of the prepayment.

In the event that one of the default events specified in the Loan Agreement occurs, GoFetch may declare the Loan as being in default after a cure period in which you may remedy the default. If GoFetch declare that the Loan is in default, GoFetch may choose to accelerate the Loan, declare the balance due immediately and thereafter take enforcement steps.