TERMS & CONDITIONS
Welcome to GoFetch. These Terms and Conditions as amended from time to time (this “Agreement”) form a legally binding agreement that governs your use of the GoFetch Services and GoFetch Applications (each as defined below). By using the 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”, “GoFetch” 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 GoFetch Services and GoFetch Applications, including your rewards account.
Effective Date: April 6, 2021
1. Interpretation. In addition to the words defined throughout this Agreement, the following definitions apply:
a. “Account in Good Standing” means that you have met all of your obligations to GoFetch hereunder and your Rewards Account has not been suspended for failure to pay or failure to comply with the terms and conditions of this Agreement.
b. “GoFetch Applications” means the mobile applications published by GoFetch and our website.
c. “GoFetch Plans” means our monthly or annual subscription plans as available from time to time.
d. “GoFetch Rewards” means rewards, bonuses or promotional offers offered through the Rewards Program which may be in the form of service credits or discounts for services with specified third party Service Providers.
e. “Rewards Account” means the online account created by GoFetch in your individual name to record your activity in the Rewards Program including the accumulation and redemption of GoFetch Rewards.
All decisions regarding the interpretation of the terms and conditions of this Agreement and the administration of the Rewards Program, and any disputes arising therefrom, will be. resolved by GoFetch in its sole discretion.
2. Services Overview. GoFetch has established, and you have elected to subscribe to, an online platform that may be used to, among other things, access and use the following. services (collectively the “GoFetch Services”):
a. a rewards program (the “Rewards Program”) that provides discounts and/or reimbursement for select services rendered by third party veterinary health and wellness or other service providers, organizations or clinics (“Service Provider(s)”);
b. access to a chat, phone or an email based program where a veterinary care providers or professionals will ask you to answer questions about your pet so that they can assess health problems and give advice (“Connect to a Vet”). This does not constitute the practice of veterinary medicine, will not be positioned as a substitute for in-person care, and is focused on general advice and emergency support to direct members to the appropriate level of veterinary care; and
c. such other services that may be provided by GoFetch through the GoFetch Applications from time to time.
3. DISCLAIMER: YOU MUST NOT USE GOFETCH SERVICES FOR OBTAINING A MEDICAL DIAGNOSIS, MEDICAL TREATMENT OR FOR LOCATING MEDICAL ASSISTANCE IN AN EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, CONTACT OR GO IMMEDIATELY TO YOUR NEAREST EMERGENCY CLINIC.
4. Age Limitation. The 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.
5. GoFetch Plans.
a. Billing. We’ll automatically bill you from the date you sign up for a paid plan and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
b. No Refunds. You may cancel your account at any time. Refunds are only issued if required by law.
c. Suspended accounts. Your account will remain in effect until it's cancelled or terminated under this Agreement. If you don’t pay for your account on time, we reserve the right to suspend it.
d. Changes. We may change the fees in effect from time to time, but will give you advance notice of these changes via a message to the email address associated with your account.
6. Rewards Program.
a. Program Enrolment. By enrolling in the Rewards Program through the GoFetch Applications, your Rewards Account will automatically be created. It is your responsibility to verify the GoFetch Rewards when they are posted to your Rewards Account and notify us promptly of any errors. In the event of an error, our only responsibility is to correct the error. To ensure that you have time to confirm the balances in your Rewards Account are correct, GoFetch gives you thirty (30) days from the date the GoFetch Rewards are applied to your Rewards Account to review your balance and contact GoFetch with any dispute. After the thirty (30) days, all GoFetch Rewards appearing in your Rewards Account are deemed to be valid. However, GoFetch reserves the right to adjust the GoFetch Rewards balance if GoFetch has improperly credited GoFetch Rewards to your Rewards Account. Our records of GoFetch Rewards earned and redeemed will be final, conclusive and binding on you. GoFetch may audit your Rewards Account to determine your compliance with this Agreement. You are responsible for your Rewards Account and for the activities of anyone who uses it. To prevent unauthorized use, you must maintain the confidentiality of the login names, passwords and other identification methods that you use to access your Rewards Account. We are not responsible for any loss arising from unauthorized use of your Rewards Account or your failure to comply with these provisions.
b. Rewards Accumulation. From time to time, GoFetch, either alone, or together with selected Service Provider(s), may agree to offer you (each an “Offer”) specified GoFetch Rewards. Each Offer will be conditional upon you satisfying the conditions set out in the applicable Offer, and subject to the terms and conditions of this Agreement and any additional terms and conditions associated with the applicable Offer. GoFetch may choose to stop offering an Offer at any time. You may earn GoFetch Rewards by meeting the conditions of the applicable Offer. GoFetch Rewards will expire in accordance with the terms of the applicable Offer or, if not so specified, will remain active as long as you continue have a member Account in Good Standing. Upon cancellation or termination of your membership account your rewards will expire automatically. Expired GoFetch Rewards are void and may not be redeemed and have no value. Your GoFetch Rewards have no cash value, and may not be redeemed for cash, merchandise, or any other benefit except benefits under the Rewards Program. There is no cash surrender value for unused GoFetch Rewards, and you have no property rights or other legal interests in GoFetch Rewards. GoFetch Rewards are personal and cannot be assigned, traded, willed, or otherwise transferred without the prior written consent of GoFetch. Any attempt to assign, trade, will or otherwise transfer your GoFetch Rewards without the prior written consent of GoFetch, may in the discretion of GoFetch result in the cancellation of your GoFetch Rewards and the closure of your Rewards Account. In the event of a return or exchange of any purchase for which GoFetch Rewards were earned, GoFetch Rewards will be deducted automatically from your Rewards Account. Your GoFetch Rewards balance will be reduced by the equivalent number of GoFetch Rewards issued for the returned or exchanged item on the original transaction.
c. Rewards Redemption. GoFetch Rewards must be redeemed during the operation of the Rewards Program in connection with the purchase of goods or services provided by participating Service Providers in accordance with this Agreement and the terms and conditions of the applicable Offer with respect to which the GoFetch Rewards were earned. GoFetch Rewards can only be redeemed if: (a) you have an Account in Good Standing; and (b) the GoFetch Reward sought to be redeemed was acquired and posted to your Rewards Account prior to the redemption transaction. Your Rewards Account balance will be reduced to reflect each redemption of a GoFetch Reward. Unredeemed GoFetch Reward plus any future GoFetch Rewards earned, will remain in your Rewards Account and can be applied to subsequent transactions. You may be asked to authenticate your identity when redeeming GoFetch Rewards to protect the integrity of your Rewards Account. If you cannot authenticate your identity, then you will not be able to redeem your GoFetch Reward. GoFetch Rewards cannot be refunded, returned or exchanged under any circumstances, except as determined by GoFetch in its sole discretion. Certain GoFetch Rewards may have an expiry date or additional terms and conditions associated with such GoFetch Rewards, which in each case will be detailed in the applicable Offer or set out in other materials associated with the redemption of such GoFetch Rewards. You are responsible for any tax liability arising from your participation in the Rewards Program including the redemption of GoFetch Rewards. You will be responsible for the reporting of any income tax benefits and the payment of any taxes arising therefrom.
d. Proof for Rewards Accumulation. You may submit proof for accumulation of rewards under your plan using an online submission process through the GoFetch Applications. Common examples of such proof include pictures of invoices clearly listing the services or products purchased from your primary clinic which are eligible for rewards as outlined by GoFetch. Other forms of proof may include screenshots or other evidence of completion of the qualifying activities necessary for rewards accumulation under each offer as outlined on the GoFetch Website or GoFetch Application. For each submission, you consent, authorize and certify that the contents of the submission are true and accurate. Accumulation of GoFetch Rewards will be reviewed and administered by GoFetch personnel. In order to receive rewards you must be eligible based on your plan. We reserve the right to deny any rewards claim that does not have the required proof information associated with that rewards offer. Your claim and your coverage may be denied if you provide false, incomplete, or misleading information or if the claim is not eligible under your specific plan.
f. Program Changes, Suspension and Termination. We may at any time, on thirty (30) days’ written notice to you, (a) restrict, suspend, amend, extend or otherwise change the Rewards Program or certain aspects of the Rewards Program, or (b) terminate the Rewards Program. We may immediately, without notice to you, (a) suspend or terminate your participation in the Rewards Program, or (b) cancel your Rewards Account and GoFetch Rewards, in each case upon becoming aware of: (i) any fraud or abuse committed by you relating to the Rewards Program, (ii) any misrepresentation of information provided by you as a participant in the Rewards Program, or (iii) your failure to follow the terms and conditions of this Agreement, any other terms and conditions referenced in this Agreement, or the terms and conditions of any Offer.
7. Free Tier Rebate Customers.
a. The BRAVECTO® and VITRECTO® Rewards Program. Earn up to $35 in GoFetch Rewards per pet on doses of BRAVECTO® and/or VITRECTO®. For doses purchased between January 1st, 2021 and December 31st, 2021 inclusively, earn up to $30 in GoFetch Rewards per pet, and for select purchases made between January 1st, 2021 and June 30th, 2021 inclusively, save an additional $5 in GoFetch Rewards per pet for a maximum of $35 in GoFetch Rewards per pet.
This offer applies to purchases using the GoFetch app of 2, 3 or 4 doses of BRAVECTO® per pet, and the purchase of 3 doses of VITRECTO®, 3 doses of VITRECTO® and 1 dose of BRAVECTO® for cats, 3 doses of VITRECTO® and 2 doses of BRAVECTO® for cats, or 6 doses of VITRECTO® per cat.*
WITH EACH PURCHASE OF:
- 2 Doses of BRAVECTO® per pet, earn $10 in GoFetch Rewards per pet;
- 3 Doses of BRAVECTO® per pet, earn $20 in GoFetch Rewards per pet;
- 4 Doses of BRAVECTO® per pet, earn $30 in GoFetch Rewards per pet;*
- 3 Doses of VITRECTO® per cat, earn $10 in GoFetch Rewards per cat;
- 3 Doses of VITRECTO® and 1 Dose of BRAVECTO® for cats per cat, earn $20 in GoFetch Rewards per cat;
- 3 Doses of VITRECTO® and 2 Doses of BRAVECTO® for cats per cat, earn $30 in GoFetch Rewards per cat;*
- 6 Doses of VITRECTO® per cat, earn $30 in GoFetch Rewards per cat.*
*Pet owners who purchase 4 doses of BRAVECTO® per pet OR 3 doses of VITRECTO® and 2 doses of BRAVECTO® for cats per cat OR 6 doses of VITRECTO® per cat between January 1st, 2021 and June 30th, 2021, are eligible to earn an additional $5 in GoFetch Rewards per pet, for a maximum of $35 in GoFetch Rewards per pet.
PLEASE NOTE: GoFetch Rewards are earned based on the number of doses of the same product. Doses of BRAVECTO® for dogs and BRAVECTO® for cats are counted separately and cannot be added together when determining GoFetch Rewards amounts. For example, if you purchase 2 doses each of BRAVECTO® for dogs and BRAVECTO® for cats, your GoFetch Rewards would be $20 ($10 for each 2-dose purchase). The purchase of 4 doses of the same BRAVECTO® product is required to earn $30 in GoFetch Rewards.
GoFetch Rewards are rebates of an equivalent dollar value that are applicable to purchases of veterinary products and services. GoFetch Rewards can be spent only at the participating veterinary clinic at which you purchased the doses of BRAVECTO® and/or VITRECTO®.
Not valid with any other offer. Valid in Canada only. Void where prohibited by law. Valid for purchases made between January 1st, 2021 and December 31st, 2021. For inquiries related to your submission, please contact firstname.lastname@example.org.
- Cancellation Policy. Memberships may be cancelled at any time, with no cancellation fee. No refunds will be provided for any monthly or annual fees already charged at time of cancellation. Members will lose access to all accumulated rewards at time of cancelation.
- Connect to a Vet service is for Medical Guidance Only. If you are a subscriber of a GoFetch Plan entitling you to access to our Connect to a Vet service, you 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.
- 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 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 does not and will not create a veterinary client-patient relationship (VCPR), or other medical professional/patient relationship, between your pet and GoFetch or the individuals your interact with through the GoFetch "Connect to a Vet".
- Your Choice of Service Providers. You acknowledge that your interactions, communications, use and receipt of any services offered by Service Providers are at your own risk. GoFetch makes no representations or warranties on behalf of third party Service Providers. GoFetch makes no guarantees or assurances that Service Providers possess and/or will continue to possess the necessary licenses, training, certifications, and educational background required to perform the services that a Service Provider offers, advertises or provides. Service Providers may create a profile through GoFetch Applications and may update their profiles at their own discretion. Neither GoFetch nor GoFetch "Connect to a Vet" professionals verify the information in Service Provider profiles, and make no representations or warranties as to the accuracy or completeness of any information that Service Providers make available through the GoFetch Applications. GoFetch and GoFetch "Connect to a Vet" do not control or verify any third party statements or reviews of Service Providers that are made available through the GoFetch Applications, and are not responsible for any false or misleading claims contained in any reviews, advertisements or other materials associated with Service Providers. You agree you are solely and ultimately responsible for selecting a Service Provider and accepting their services, even if GoFetch "Connect to a Vet" recommends or helps direct you to any Service Provider. GoFetch and GoFetch "Connect to a Vet" are not liable for any acts of Service Providers, even if you were connected to the Service Provider through GoFetch "Connect to a Vet". You are encouraged to discuss and verify any credentials or profile information on your own and directly with Service Providers before agreeing to accept their services.
- No Endorsement. GoFetch does not in any way endorse or recommend 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.
- 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 or Service Provider, including any information provided through GoFetch "Connect to a Vet". 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.
- No Third-Party Beneficiaries. This Agreement is between you and GoFetch only and no other parties, including the Service Providers. You agree there are no third party beneficiaries under this Agreement.
- 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:
a. You will comply with all applicable federal, provincial and local laws and regulations when using GoFetch Services and GoFetch Applications.
c. You will pay for (i) the applicable fees for the GoFetch Services; (ii) any Service Provider fees; (iii) and data, voice or internet charges and other separate or outside charges you incur through use of the GoFetch Applications, and will not seek refunds, credits or reimbursements from GoFetch.
d. You understand and agree that GoFetch is not responsible for advertisements, reviews, materials, postings, articles, or other materials and information made available by Service Providers, GoFetch "Connect to a Vet", other users of the GoFetch Application (“Members”) or that are otherwise accessible through the GoFetch Applications. You will use GoFetch Services, GoFetch Applications and all associated materials at your own risk.
e. You are solely responsible for your actions and interactions with Members and Service Providers, whether online or offline. You agree that GoFetch is not responsible or liable for the conduct of any Member or Service Provider, including any harm or damage to your pet that arises or occurs from Members or Service Providers. GoFetch reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members or Service Providers.
- General Content on GoFetch Applications. By using GoFetch Services and GoFetch Applications, you can provide, share, receive and exchange information, content and materials with Service Providers and GoFetch "Connect to a Vet" within the GoFetch Applications. If you receive any information, content or materials from a Member, Service Provider 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 Service Providers through the GoFetch Applications, which may include posts, submissions, contributions, articles, images, photos or other content provided by GoFetch, GoFetch "Connect to a Vet", Service Providers 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.
- 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 Service Providers, 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 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 Service Providers that you share or make generally available within the GoFetch Applications, including any Content that is shared outside to third parties and social media.
- 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 Service Providers 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.
- 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.
- 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.
- No Liability for Service Providers. Service Providers are third parties and not agents, employees, personnel or representatives of GoFetch. GoFetch has no liability for the actions of Service Providers and their respective directors, agents, contractors, employees or personnel. GoFetch makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and any Service Provider(s). You acknowledge that you may enter into separate terms, agreements or provide waivers to Service Providers in connection with, or as a condition to, your receipt of the Service Provider’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 a 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 a Customer Agreement.
- 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 Service Providers. 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.
- 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 5, 12-14, 16, 18-22, and 24-39 shall survive. The warranty disclaimers section, the limitation of liability section and the indemnification section, will 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.
- Maintenance and Support. GoFetch has no obligation to furnish any maintenance and support for GoFetch Services or GoFetch Applications, unless required by applicable law.
- 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 Service Providers, 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 a Service Provider, (iv) your breach or noncompliance with the GoFetch Code of Conduct or this Agreement, or (v) your breach of a Customer Agreement.
- 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, 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 GOFETCH "CONNECT TO A VET". YOU EXPRESSLY AGREE THAT YOUR USE OF GOFETCH SERVICES, GOFETCH APPLICATIONS AND 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, SERVICE PROVIDERS’ SERVICES, GENERAL CONTENT, AND ALL 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. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- 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, 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 SERVICE PLAN WITH GOFETCH.
- Exceptions. If your non-identifiable data are used for research purposes, then clauses 26 (Indemnification) and 28 (Limitation of Liability) are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
- 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.
- 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.
- Assignment. You will not assign this Agreement under any circumstances without the prior written consent of GoFetch.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Contact information. Should you have any questions, please contact GoFetch at info@GoFetch.ca.