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:
- “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.
- “GoFetch Applications” means the mobile applications and websites published by GoFetch.
- “GoFetch Rewards” means rewards, bonuses or promotional offers, including the Cash Rewards, offered through the Rewards Program, which may be in the form of service credits or discounts for services with the Primary Clinic.
- “Pet Care Plans” means the monthly or annual subscription plans for the GoFetch+ Services tailored to the individual needs, age and lifestyle of your pet(s), as available from time to time.
- "Primary Clinic" means your selected primary veterinary clinic in the GoFetch Applications.
- “Principal Veterinary Clinic Services” means all products and services provided by the Primary Clinic in connection with the Pet Care Plans.
- “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.
- "Service Providers" means other third party veterinary health and wellness or other service providers, organizations or clinics.
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”):
- unlimited veterinary office visits and exams, appropriate life stage vaccines, appropriate life stage diagnostics, all of which are the Principal Veterinary Clinic Services, offered only by your Primary Clinic;
- a rewards program (the “Rewards Program”) that provides 10% cash rewards on all out-of-plan in-clinic purchases for GoFetch+ members subscribe to a Pet Care Plan, as determined by GoFetch, that can be spent on food, prescriptions, services that are not covered by your Pet Care Plan, and any other purchases made in only your Primary Clinic (the "Cash Rewards"), and may also include any other discounts and/or reimbursements for select services provided by the Primary Clinic or Service Providers, as available, from time to time.
- instant manufacturer rebates, which may be available from time to time on pet related products;
- access to a 24/7 chat, phone or an email based program provided through a third party Service Provider, where 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 Connect to a Vet service is offered through a third party Service Provider and 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 solely to you to the appropriate level of veterinary care; and
- such other services that may be provided by GoFetch and/or by the Primary Clinic, as may be covered under your Pet Care Plan, or through the GoFetch Applications, from time to time.
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”):
- a rewards program (the “Rewards Program”) that provides 5% cash rewards (or such % determined by the member’s primary clinic) on all in-clinic purchases for GoFetch Loyalty Program customers not enrolled in a GoFetch+ Pet Care Plan, as determined by GoFetch, that can be spent on food, prescriptions, services that are not covered by your Pet Care Plan, and any other purchases made in only your Primary Clinic (the "Cash Rewards"), and may also include any other discounts and/or reimbursements for select services provided by the Primary Clinic or Service Providers, as available, from time to time.
- instant manufacturer rebates, which may be available from time to time on pet related products;
- access to a 24/7 chat, phone or an email based program provided through a third party Service Provider, where 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 Connect to a Vet service is offered through a third party Service Provider and 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 solely to you to the appropriate level of veterinary care;
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.
- Billing. We’ll automatically bill you for the applicable subscription fee from the date you sign up for a Pet Care Plan and on each periodic renewal, either monthly or annually, as applicable, until cancellation. If you have selected to be billed annually, 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.
- Cancellation Policy. You may cancel your Pet Care Plan subscription at any time, with no cancellation fee, except that if you have received services and/or rewards from the Primary Clinic that exceed the value of all subscription fees paid up to the time of cancellation (for example, if you received your pet’s annual vaccines early in your subscription term), you will be charged for the difference between the value of the services provided by the Primary Clinic and the fees you have paid up to the time of termination, as determined by the Primary Clinic. No refunds will be provided for any monthly or annual subscription fees already charged at time of cancellation.
- 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.
- Changes. We may change the subscription fees and the GoFetch+ Services 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.
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.
- Program Enrolment. By subscribing for a Pet Care Plan through the GoFetch Applications, you will automatically be enrolled in the Reward Program and 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 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 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.
- Rewards Accumulation. In addition to the Cash Rewards that you may earn from the Rewards Program, from time to time, GoFetch, either alone, or together with the Primary Clinic or other Service Providers, 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 subscription, your accumulated GoFetch 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 as permitted 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.
- 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. 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.
- 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 Applications. 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 Pet Care 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 Pet Care Plan.
- Program Changes, Suspension and Termination. We may at any time, on 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.
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:
- You will comply with all applicable federal, provincial and local laws and regulations when using GoFetch+ Services and GoFetch Applications.
- You agree that any information you provide to GoFetch or through the GoFetch Applications is truthful and accurate. Inaccurate information will affect your experience when using the GoFetch Applications and our ability to contact you as described in the Privacy Policy. You may also be asked to provide authorization or additional information when you use the GoFetch Applications in order to verify the information or Content (defined below) you submit. You further agree to promptly notify GoFetch if you discover or reasonably suspect you have provided any false or incorrect information.
- You will pay for (i) the applicable fees for the GoFetch+ Services; (ii) 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.
- You understand and agree that GoFetch is not responsible for advertisements, reviews, materials, postings, articles, or other materials and information made available by the Primary Clinic, GoFetch "Connect to a Vet", other users of the GoFetch Applications (“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.
- You are solely responsible for your actions and interactions with Members and the Primary Clinic, whether online or offline. You agree that GoFetch is not responsible or liable for the conduct of any Member or the Primary Clinic, including any harm or damage to your pet that arises or occurs from Members or the Primary Clinic. GoFetch reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members or the Primary Clinic.
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
[email protected].
Schedule A
Payment Plan Loan Agreement
1. Your Loan.
- Loan Purpose. Your loan with GoFetch under GoFetch's "buy now pay later" payment plan (the "Payment Plan") is an unsecured fixed credit provided through GoFetch Applications to finance one-time expenses associated with medical services for your pet (the "Pet Medical Services") that you purchase at the Primary Clinic for personal, family or household purposes.
- Loan Origination, Disbursement and Amount.
i. Disbursement Recipient. You direct us to disburse the proceeds of your loan directly to the Primary Clinic.
ii. Origination. Your loan will be originated on the first date any loan proceeds are disbursed (the "Initial Disbursement"). You have no obligation on your loan until it has been originated.
iii. Loan Amount. Your loan amount (the "Loan Amount") will be no more than the balance of the amount charged by the Primary Clinic for the Pet Medical Services including, but not limited to, ancillary services such as radiology, anesthesia, supplies, boarding, and intravenous fluids after reflecting any insurance coverage of the claim submitted in connection with the Pet Medical Services.
- Term. The length of your Loan is three (3) [or six (6)] months, as selected by you at the time of agreeing to the Payment Plan through the GoFetch Applications, from the first date any of your loan proceeds are disbursed (“Term”).
2. Interest and Fees.
- Interest Rates. You will be charged zero interest on the unpaid principal balance (“Principal Balance”) during the Term until the Principal Balance has been paid in full, provided that you have not defaulted on this Agreement.
- Origination Fee. You will not be charged an origination fee in connection with your Loan.
- Late Fee. If payments are made more than two days late, you may be charged a late fee of eight ($8) per payment. The aggregate sum of Late Fees is capped and will not exceed 25% of the Loan Amount.
- Non-Sufficient Funds Fee. If any repayment on your loan is returned for any reason, including non-sufficient funds or stop payment orders, we will charge you a fee of eight dollars ($8) (“NSF Fee”) for each such returned repayment to the extent permitted by applicable law.
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.
- Promise to Pay. You agree to pay us the Loan Amount and all other amounts you owe us under this Agreement (“Balance”) when due (“Due Date”).
- Payments.
i. Your monthly payments (the “Monthly Payments”) are calculated as your Loan Amount divided by the number of months in your Term and will be paid in equal monthly installments, commencing on the date of the Initial Disbursement, and continuing on the same day of each successive month during the Term.
ii. Your Monthly Payments, together with any [Late Fees] and NSF Fees incurred, must be paid on or before the applicable Due Date. Each Due Date will be the same day of each successive month during the Term. If this day does not fall on a business day, your Due Date will be the following business day. If your initial Due Date is on the 29th, 30th, or 31st of the month, and a subsequent month does not have a 29th, 30th, or 31st, the Due Date in that month will be the last day of the month in which the payment is due.
iii. At the end of the Term, you must pay us any remaining Balance in full. Your last payment may be a different amount, which could be higher to adjust for additional interest charges in certain instances, such as if you make a payment after the Due Date. In such cases, the amount of the last payment will be adjusted by the amount necessary to repay your loan in full.
- Currency. All payments made under this Agreement will be made in Canadian Dollars.
- Prepayment. You may prepay the full outstanding Balance of your loan at any time before it is due without any prepayment charge or penalty. If you prepay the full outstanding Balance, GoFetch will refund or credit you a prescribed portion of any non-interest finance charge 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.
- Application of Payments. Payments are credited on the business day they are received, if we receive your payment before 11:59 p.m. UTC on that business day. Payments received after 11:59 p.m. UTC on a business day, or on a day that is not a business day, are credited on the next business day. To the extent permitted by applicable law, payments are applied in the following order:
i. To any charges or fees (including [Late Fees] and NSF Fees) you incur; and
ii. To the remaining Balance.
We accept partial payments less than your required Monthly Payment. If your payment does not satisfy the entire Monthly Payment due, your payment will be applied in the order listed above, and we may charge you a [Late Fee]. Our acceptance of partial payments does not change your obligation to pay us all amounts you owe us under this Agreement when due.
- Repayment Methods.
i. Repayments will be charged to the payment method we have on file, as entered and contained within the GoFetch App. GoFetch may, at any time, restrict or change payment methods acceptable to GoFetch. Termination by you or GoFetch of any payment method will not terminate your obligations to GoFetch under this Agreement and you will be responsible for making payments owing in respect of your loan using the payment method acceptable to us.
- 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.
- 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.
- Delays. We are not responsible for payment delays that may occur as a result of holidays, the processing schedule of your financial institution, processing errors, or other events beyond our control.
5. Your Representations, Warranties, and Covenants.
- You represent, warrant, and covenant to GoFetch that:
i. You have reviewed the Disclosure Statement and that have either printed a copy of the Disclosure Statement or saved a copy of the Disclosure Statement on an electronic device where it can be referred to at a later time.
ii. The information you have provided to us in connection with the Payment Plan is true, complete, and correct and is made in good faith, and no material adverse change has occurred with respect to your financial position since you submitted such information to us.
iii. You are not the subject of proceedings under the Bankruptcy and Insolvency Act (Canada), have not assigned your assets for the benefit of creditors, and have not been having any difficulty paying amounts due to others in full and when due.
iv. You have and maintain a written agreement with the Primary Clinic for the delivery of goods or services to you, which states the total amount you will pay the Primary Clinic for such goods or services, and which comprises the entire agreement between you and the Primary Clinic relating to such goods or services.
v. You comply with all federal, state, and local laws, regulations, ordinances, orders, and other requirements of any government body.
- As of the date on which your loan proceeds are disbursed, you represent and warrant to GoFetch:
i. The Primary Clinic has actually and timely delivered goods or services to you, as agreed between you and the Primary Clinic.
ii. You are satisfied with the quantity, quality, and timing of the Primary Clinic's goods and services that have been provided to you.
iii. There is no dispute, or basis for a dispute, between you and the Primary Clinic.
6. Default.
You will be in default of this Agreement if at any time:
- There is fraud or material misrepresentation by you in connection with your loan;
- You fail to meet any of your payment obligations under this Agreement after GoFetch has provided you any notice and any opportunity to cure required by applicable law;
- You become the subject of proceedings under the Bankruptcy and Insolvency Act (Canada) or assign your assets for the benefit of creditors;
- You die or are declared legally incompetent or incapacitated; or
- You are in breach of any obligation under this Agreement or any other agreement you have with GoFetch.
7. Acceleration Upon Default..
- If you are in default under this Agreement, at GoFetch's option, the Loan Amount and any other fees, charges or amounts payable hereunder owing by you to GoFetch under this Agreement (the “Debt”) shall be accelerated and shall immediately become due and payable.
- If GoFetch opts to accelerate the Debt, GoFetch shall within a reasonable period of time send a written demand notice to you by registered mail to your last known address setting out: (i) the description of your default or other circumstances; (ii) the statement of amount required to satisfy your obligations under this Agreement and the applicable rate of interest; (iii) the statement that, unless the default or other circumstances described in the notice have been remedied within ten (10) days after the notice was sent, the whole amount outstanding under this Agreement will be due and payable; (iv) any other of the particulars of the accelerated Debt; (v) the requirements for payment of the Debt.
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.
- This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by all of the parties to this Agreement.
- Notwithstanding Section 9(a), in the event that a statute, regulation or other rule with the force of law which relates to this Agreement is interpreted by a court of competent jurisdiction, is amended or comes into force such that the fees or other charges (together with the fees, the "Charges" and each a "Charge") owing by you to GoFetch under this Loan Agreement exceed the permitted limits, then:
i. any such Charge shall be reduced by the amount necessary to reduce that Charge, or any number of Charges in the aggregate, to the permitted limit; and
ii. any Charge collected by GoFetch which exceeded a permitted limit shall be refunded to you by GoFetch either by reducing the amount owing by you to GoFetch, which reduction shall be credited as a prepayment under this Agreement or making a lump sum payment to you.
10. Other Terms and Conditions.
- Applicable Law. This Agreement is governed by the law of your province of residence.
- Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, then that provision will be severed from this Agreement and the remaining provisions will remain in full force and effect.
- Waiver. GoFetch's delay or failure to exercise any of our rights under this Agreement or applicable law is not a waiver of its rights. Any waiver by GoFetch of any provision of this Agreement on any one occasion will not be a waiver on any other occasion.
- Notices and Communications. You authorize GoFetch to deliver notices to you by mail, at the most recent address we have on file for you, and if you have consented to electronic communications, by e-mail or any other electronic method to which you have consented. You authorize GoFetch to contact you using the contact information that you provide or that we reasonably associate with your loan. Unless prohibited by applicable law, GoFetch may, and you authorize us to, (i) contact you using a text message or automated text message, or prerecorded message, at any telephone number you have provided to us, including any mobile phone number; or (ii) contact you at any address in our records or public or nonpublic databases. You represent and warrant that the email addresses and telephone numbers you have provided to GoFetch are yours, and that you are permitted to be contacted by GoFetch at each of the telephone numbers and e-mail addresses you have provided to GoFetch. You agree to alert GoFetch whenever you stop using a particular telephone number or email address. You agree that we may record any communication between GoFetch and you. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY COSTS YOU INCUR IN USING ANY MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION 10(c), INCLUDING RECEIVING TELEPHONE CALLS, TELEPHONE MESSAGES, TEXT MESSAGES, E-MAILS, AND OTHER COMMUNICATIONS.
- Updating Personal Information. You agree to notify GoFetch immediately of any change in your name, telephone number, e-mail address, or mailing address by contacting GoFetch at [email protected]. GoFetch may require you to provide documentary support or other information regarding these changes.
- Collections. You agree to allow GoFetch to send you payment reminders from time-to-time. If you fail to make payments as required by this Agreement or you are otherwise in default of this Agreement, you agree that GoFetch may engage in collection efforts including contacting you directly, referring your loan to a collection agency for collection or taking legal action. You agree to pay any collection fees and costs, legal expenses (including reasonable attorney’s fees and costs), court fees and costs (including fees and costs incurred in connection with any appellate or bankruptcy proceedings), and any other fees and costs we incur to collect your loan, as permitted by applicable law.
- No Assignment or Assumption of Your Rights or Obligations. You may not assign your rights and obligations under this Agreement or your loan to any person. Any purported assumption or assignment of this Agreement or your loan by you is and will be void without our prior written consent.
- Our Assignment or Transfer of Our Rights or Obligations. GoFetch may assign or transfer any interest in your loan and this Agreement, or any of its rights or obligations in your loan and this Agreement, to any person without notice to or consent from you. For the purpose of this Section 10(h), a transfer includes a sale or participation. Should ownership of your loan be transferred, you will be notified of the name, address, and telephone number of the new creditor if the address to which you must make payments changes. An assignment or transfer of your loan does not affect our rights under this Agreement.
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.
