TERMS  AND CONDITIONS OF SERVICE

Vet Report® (“Vet Report”, “company", “we”, “us” or “our”)  belongs to the Portuguese Company: Vetimagem, Unipessoal Lda, incorporated under the laws of Portugal, our full contact details are set out at Section 18 below.

These Terms of Service ("Terms") cover your use of and access to Vet Report website, software, services and features (collectively, the "Services") provided by Vet Report including without limitation during free trials, on the websites and associated domains of www.vet-report.com.

The following Terms of Use Services is a legal contract between you, an individual user or If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so,  (collectively or individually "users" and “you”), and Vet Report regarding your use of our services. Together, users and the Vet Report are each referred to herein individually as a "Party" or collectively as the "Parties".

Before using our Services, please read the following terms of use carefully, it includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the resolution of disputes by arbitration and a class action waiver.

By registering for and/or accessing, browsing, or using our services, you acknowledge that you have read, understood, and agree to be bound by the following terms, (collectively, the "terms of use", "terms" or this “Agreement”). If at any time you do not agree to these terms, please immediately terminate your use of our services.

 

1. Eligibility

In order to use website and software, you must either be the age of majority in your jurisdiction, an emancipated minor, or possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section.

 

2. Privacy Notice

Your privacy is important to us, our Company's Privacy Policy is detailed separately at (www.vet-report/privacypolicy). Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change. It is really important that you comply with data protection laws when using our services, such as when you collect others’ personal information.

By using our Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.

 

3. Account Information

To access Vet Report Services, you must first create an account (“Account”). Different parts of the Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.

Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You are solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We are not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.

You acknowledge, consent, and agree that Vet Report may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  1. comply with legal process;

  2. enforce the Terms;

  3. respond to any claim that User Content violates the rights of third parties;

  4. provide certain customized features of Services to you, if any;

  5. respond if you contact Vet Report for any reason;

  6. protect the rights, property, or personal safety of Company, its other Users, and the public.

 

4. Password

If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify the Company. You are solely liable for losses incurred by you, Vet Report or others due to any unauthorized use of your account.

 

5. Paid Services And Fees 

The prices for the Software subscription and our Services are set forth in the Website, Quotation, Proforma Invoice or Proposal are valid solely during the period set forth in them. After the expiration of such period, Vet Report shall have the right to change such prices at any time prior to receiving Buyer's purchase order for Services. Prices do not include sales, excise, use or other taxes (other than taxes based on income), and any customs, import or export duties now in effect or hereafter levied by reason of this transaction.

You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through Services at any time. Unless otherwise noted, all currency references are in Euros. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, your account may be closed without warning or notice at our sole discretion.

Except as otherwise set forth in any return policy or cancellation policy applicable to our fee-based products, services or features, you acknowledge and agree that any applicable fees and other charges for fee-based products, services or features are not refundable in whole or in part. You are fully liable for all charges to your account, including any charges made by your bank or payment processor as a result of the payment charge of our fees.

You must supply us with the correct Personal or Company Identification information, including a valid TAX identification number when you subscribe our services. If your information later on is confirmed to be false or fraudulent your account will be immediately cancelled.

When you subscribe to our services you consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format.

 

  1. Fees. You can access the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time before the ending you your subscription plan before the renewal date. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to our Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via our website or email, unless otherwise indicated. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.

 

  1. Taxes. All fees are exclusive of applicable national or international taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If Vet Report has a legal obligation to pay or collect indirect Taxes (such as VAT) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Vet Report does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).

  2. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time by communicating it to us by email: support@vet-report.com.

  3. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Some of the Paid Services offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.

  4. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.

  5. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Services before filing a Chargeback. We reserve our right to dispute any Chargeback.

  6. Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Except for payments made directly through a SEPA Bank Transfer, our current Payment Processor is Paypal, and your payments are processed by Paypal in accordance with Paypal’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

 

6. User Content

  1. General. You understand and agree that the information you upload in our website is your responsibility. You are solely responsible for complying with any laws and regulations that apply to your collection and use of your content on our website and Vet Report software including, where applicable, Data Protection, Security And Privacy Laws and, in the EU, the General Data Protection Regulation (RDPR) and the EU e-Privacy Directive/Regulation.

  2.  Users content are Your Responsibility.  Vet Report absolutely has no access to the information uploaded by the users in their account. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via our Services and in the manner set forth in this Agreement. You represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.  Vet Report is not liable for and won’t provide you with any legal advice regarding the information collected and uploaded in our software.You agree and warrant that you are solely responsible when uploading information on our website and software that you are complying with applicable data protection, security and privacy laws and regulations including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data.

  3. End Users Accounts are Your Responsibility. You understand and agree that the information you upload regarding End Users is your responsibility. We’re not liable for your relationship with your end users or how you collect and use personal information about them and we won’t provide you with any legal advice regarding such matters. You are solely responsible for providing services and support to your End Users and you are solely responsible for compliance with any laws or regulations related to relation with your End Users. Vet Report is not liable for and won’t provide you with any legal advice regarding the services you provide either through or throughout us to your End Users.

  4. Your Representations and Warranties Regarding Users Content. You shall be solely responsible for the information you upload on our software and website and software. Regarding the content and personal information you upload in the reports you affirm, represent, and/or warrant that:

    • you own, or have the necessary licenses, rights, consents, and permissions to use and authorize our Vet Report to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Vet Report and these Terms, and to grant the rights and license set forth in this Section

    • your User Content, Company's use of such User Content pursuant to these Terms, and Company's exercise of the license rights set forth in this Section, do not and will not:

      • infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

      • slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;

      • violate any applicable law or regulation.

  5. Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your uploaded User Content, you further agree that you will not publish violate any law or any right of privacy or publicity.

  6. No Responsibility for User’s uploaded Content. We do not have access or control any rights regarding Users Content. Under no circumstances will Vet Report be liable in any way for or in connection with the users upload Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise displayed or transmitted through Vet Report Services.

You understand that you, and not Vet Report, are entirely responsible for all User Content and end users Content (“Contributed Content”) that you upload, post, e-mail, transmit or otherwise make available through Vet Report website and software. Vet Report does not control Content uploaded by Users and does not have any obligation to monitor such Content for any purpose. You agree that you must evaluate, and bear all risks associated with the use of any uploaded Contributed Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Contributed Content.

 

7. Feedback

You agree that any feedback, analysis, suggestions, and comments to Vet Report provided by you (collectively, "Feedback") will become the property of the Company. In consideration of Vet Report providing access to our Services free of charge in the trial period or, in the case of feedback provided using features of our Services for which you must pay a fee, then as further consideration for your access to such features, user hereby assigns to Vet Report all right, title and interest, including all intellectual property rights, in and to the feedback. Without limiting the generality of the foregoing, user agrees that Vet Report shall have the perpetual, irrevocable and worldwide right to use, copy, display, perform, translate, modify, license, sublicense and otherwise exploit all or part of the feedback or any derivative thereof in any embodiment, manner or media now known or hereafter devised without any remuneration, compensation or credit to user. User represents and warrants that any Feedback which is provided by User to Vet Report does not infringe any third-party intellectual property rights.

 

8. User Disagreements

Y are solely responsible for your involvement with other Users of Vet Report website and software. Vet Report reserves the right, but has no obligation, to monitor disagreements between you and other Users. Vet Report disclaims all liability related to any user disagreement.

 

9. Links and Third Party Services

Vet Report services might be integrated with various Third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third Party Services include social media platforms, and Payment Processors. Vet Report may also provide links to you only as a convenience, and the inclusion of any link on our Services does not imply our affiliation, endorsement, or adoption of the linked Reference Services or other content or any information therein. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law). 

 

10. Services Access

Vet Report grants you permission to use Services as set forth in these Terms, provided that and for so long as:

  1. You use Services solely for your professional use;

  2. Except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of our Services or website in any medium without Vet Report's prior written authorization. If you wish to do so, you are allowed to use publicity in the reports themselves as their style and formatting in the word uploaded in your account is edited and personalized by the user’s in the account.

  3. You do not engage in any of the prohibited uses described below;

  4. You otherwise fully comply with these Terms.

Our Services are controlled and offered by Vet Report from its facilities in Portugal EU. Vet Report makes no representations that our Services usability is deemed appropriate or available other locations. If you are accessing or using our Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with your local laws.

 

11. Ownership; Proprietary Rights

Services including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, intellectual property, software, services, and all other elements of our Services that are provided by Vet Report ("Vet Report Materials") are owned and/or licensed by Vet Report. Vet Report Materials do not include uploaded users content (“Contributed Content”), as better detailed above. Except as expressly authorized by Vet Report, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of our Services or Vet Report Materials. Vet Report reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to Vet Report Materials, except for the limited rights set forth in these Terms.

 

12. Prohibited Uses of Vet Report website and software

  1. As a condition of your use of Vet Report website and software, you hereby represent and warrant that you will not use the Services for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.

  2. Any use by you of any of Vet Report Materials, Services other than for your professional use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of Vet Report website and software, use of Vet Report website and software, access to Vet Report website and software, or Content obtained through Vet Report website and software, for any purpose other than for your personal or business use.

  3. You agree not to use our Services if you do not meet the eligibility requirements described in Section 1 above.

  4. You agree not to intentionally interfere with or damage, impair or disable the operation of our Services or any User's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on our Services with the intended result of denying service to other Users.

  5. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of Vet Report Services, features that prevent or restrict the use or copying of any part of Vet Report Services or features that enforce limitations on the use of Vet Report website and software.

  6. You agree not to attempt to gain unauthorized access to the Services or any part of it, other accounts, computer systems or networks connected to our  Services or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the  Services or any activities conducted through Vet Report website and software.

  7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through Vet Report website and software. You agree neither to modify the Services in any manner or form (other than contributing User Content as enabled by Vet Report website and software's functionality and in accordance with these Terms), nor to use modified versions of Vet Report website and software, including (without limitation) for the purpose of obtaining unauthorized access to Vet Report website and software.

  8. You agree that you will not use any robot, spider, scraper, or other automated means to access our Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Vet Report website and software.

  9. You agree not to utilize framing techniques to enclose any trademark, logo, or other Vet Report Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Vet Report' name or trademarks without Company's express written consent.

  10. You agree not to use any Vet Report logos, graphics, or trademarks as part of the link without our express written consent.

  11. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to end users of Vet Report website and software. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

  12. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Vet Report’s website and software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  13. You agree not to modify, adapt, translate, or create derivative works based upon Vet Report’s website and software services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  14. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

13. Terms Of Use Violations; Termination

This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time contacting us. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms. These remedies are in addition to any other remedies Vet Report may have at law or in equity.

 

14. Warranty Disclaimers

  1. Acknowledgment. You expressly acknowledge that as used in this section 17, and sections 18 and 19 below, the term Vet Report includes company's parent, subsidiary, affiliated and other related companies (including those which share substantially common ownership) and each of their officers, directors, employees, shareholders, members, agents and subcontractors.

  2. No warranties. To the fullest extent permissible pursuant to applicable law, Vet Report disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Vet Report or through Vet Report website and software, will create any warranty not expressly stated herein.

  3. "as is" and "as available" and "with all faults." You expressly agree that the use of our Services is at your sole risk. Vet Report website and software, contributed content, and any other third-party media, content, software, goods, services or applications made available in conjunction with or through Services are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind, either express or implied.

  4. Services operation. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law):

    • We may change parts or all of our Services and their functionality;

    • We may suspend or discontinue parts or all of our Services;

    • We may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; 

    • We may terminate, suspend, restrict or disable access to your Accounts or parts;

    • We may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

  5. Vet Report does not warrant that Vet Report materials, user content, contributed content, Vet Report website and software, or any other information offered on or through our Services be timely, uninterrupted, error-free; meet your requirements or expectations or be free from viruses or other harmful components and does not warrant that any of the foregoing will be corrected.  We will try to return our services back to normal in the shortest time possible.

  6. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services;

  7. Accuracy. Vet Report does not warrant or make any representations regarding the use or the results of the use of Services or any reference website and software in terms of correctness, accuracy, reliability, or otherwise.

  8. Harm to your computer. You understand and agree that your using, accessing, downloading, or otherwise obtaining information, materials, or data through Services (Including rss feeds) or any reference website and software is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use or download of, or other access to such material or data.

  9. Limitation of liability and damages

    • Limitation of liability. Under no circumstances, and under no legal theory, including, but not limited to, negligence, shall Vet Report or its third party partners, licensors or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use of, or the inability to use, Vet Report materials and user content on our Services or any reference website and software, our Services itself, or any other interactions with our company, even if Vet Report has been advised of the possibility of such damages.

    • limitation of damages. In no event shall company's or its third party partner's, licensors' or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of Services (whether in contract, tort (including negligence), warranty, or otherwise) exceed the greater of one hundred euros (100,00€) or one-half of the annual fees paid by you (if applicable) in the twelve (12) months immediately preceding the date that such claim arose.

    • third party products and services. Some users may use our Services to market products and/or services. The above limitations shall also apply with respect to damages incurred by reason of any such products or services marketed, sold or provided by users, or otherwise by third parties other than Vet Report and received by you through or advertised on our Services or third party website and software, including without limitation any reference website and software.

  10. Limitations by applicable law; basis of the bargain

    • Limitations by applicable law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

    • Basis of the bargain. You acknowledge and agree that Vet Report has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and company. You acknowledge and agree that Vet Report would not be able to provide their Services to you on an economically reasonable basis without these limitations.

 

15. Limitation Of Liability

Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Vet Report and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of  your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Squarespace has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of Squarespace for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Squarespace in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, Squarespace is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.

 

16. Indemnification; hold harmless

Vet Report and its affiliates and its and their directors, officers, employees and agents from and (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and other operations for which Vet Report may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

  1. To the fullest extent permitted by law, you agree to indemnify and hold harmless you agree to indemnify and hold harmless Vet Report, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney's fees) arising out of:

    • your use or misuse of Vet Report website and software

    • your user content, including company's use, display or other exercise of its license rights granted herein with respect to your user content;

    • your violation of these terms;

    • your violation of the rights of any other person or entity, including claims that any user content infringes or violates any third party intellectual property rights;

    •  your breach of the foregoing representations, warranties, and covenants;

    • any unauthorized use of your account not caused by us,  Vet Report reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of company. Vet Report will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

17. Modification Of The Terms

Vet Report reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and will post the most current version on our website. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using our Services and cancel all Paid Services.

 

18. Miscellaneous

  1. Notice. Vet Report may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on Vet Report website and software. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Vet Report is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Vet Report with notices only by mail to the address indicated in subsection (l) below.

  2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Portugal, without giving effect to any principles of conflicts of law.

  3. Informal Resolution. Before filing a claim against Vet Report, you agree to try to resolve the dispute by first emailing support@vet-report.com with a description of your claim.  We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Vet Report may then bring a formal proceeding.

  4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Services shall first be filed in the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show). If the issue is not solved you should them resource to the competent Court of the “Comarca de Lisboa” , Portugal and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such actions .

  5. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Vet Report to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

  6. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  7. Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vet Report without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

  8. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vet Report as a result of these Terms or use of Vet Report website and software. You further acknowledge that by submitting User Content or other Contributed Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Vet Report other than pursuant to these Terms.

  9. Entire Agreement. This is the entire agreement between you and Vet Report relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Company.

  10. Claims. You agree that any cause of action brought by you arising out of or related to our services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  11. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of government or state or regulation, war, epidemia, pandemia, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

  12. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.

 

Disclosures. The services hereunder are offered by:

Vetimagem Unip. Lda

 R. das Magnólias, nº10. Ald. V S. Gião

 2665-381 Milharado, Portugal.

Email: [info@vet-report.com].