Vetstream Ltd Terms & Conditions
NOTICE: By using our website or by subscribing to our services you confirm that you accept these terms and conditions and the privacy policy. Vetstream is willing to allow you to use the website and to use the Vetstrean and Vetlexicon content, Software and Output (each as defined below) to you only on the terms and conditions contained in this agreement. If you do not agree to the terms of this Agreement, you must not use our website or subscribe to our services.
We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.
1. THE PARTIES
“User” or “you” means the individual user or the legal entity which is using the website and/or the Database and Software; “Vetstream” or “we” means Vetstream Ltd and Vetlexicon, Three Hills, Bartlow, Cambridge, CB21 4EN, UK.
These terms apply to (but not exclusive to) the following use cases. (a) Users who are browsing our websites (b) Users who are trialling Vetlexicon Database and Software (c) Users who have entered a paid subscription to use Vetlexicon Database and Software (d) Any use of the Database and content supplied to third party websites (e) customer facing material to end users or non clinical use (Consumers)
“Authorised Representatives” means those employees, independent contractors, members or students of the User who are authorised to use the Database and Software pursuant to the Users subscription.
2. OWNERSHIP OF OUR MATERIAL
Vetstream is the owner or the licensee of all intellectual property rights in the website, and in the material published on it including the following: (a) the Vetlexicon and Vetstream database comprising text, pictures, video and sounds (collectively, the “Database”); (b) the search and retrieval and display software, if any, including supporting documentation together with updates of the software, (collectively, the “Software”); (c) all printouts produced using the Software (the “Output”). The Database, the Software, the Output and all other material published on our website are protected by copyright laws and treaties around the world. All such rights are reserved.
Permitted use for website browsers:
The following provisions apply to Users who are browsing Vetstream’s website:
– You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
– You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
– Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
– You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
– If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3. LICENCE
3.1 The provisions of this clause 3.1 apply to Users who have subscribed to use the Database and Software. Subject to the User purchasing a subscription in accordance with clause 7, and subject to the restrictions contained in clause 4 below and elsewhere in this Agreement, the User is hereby granted a limited, non- exclusive, non-transferable and revocable license for the duration of the User’s subscription to, and where applicable permit its Authorised Representatives to: (a) make searches of the Database; (b) make a limited and reasonable number of hard copies of any search output from the Database which copies may be used by the User during the normal course of the User’s business but may not be commercially exploited by the transfer, distribution or sale of such copies to any third party.
3.2 The provisions of this clause 3.2 apply to Users who are trialling use of the Database and Software. Subject to the restrictions contained in clause 4 below and elsewhere in this Agreement, the User is hereby granted a limited, non- exclusive, non-transferable and revocable license for the duration of the User’s trial to, and where applicable permit its Authorised Representatives to: (a) make searches of the Database; (b) make a limited and reasonable number of hard copies of any search output from the Database which copies may be used by the User during the normal course of the User’s business but may not be commercially exploited by the transfer, distribution or sale of such copies to any third party.
3.3 The User’s rights are personal to the User and its Authorised Representatives and do not extend to any other person, partnership or subsidiary or parent corporate entities, or to any other related or affiliated organizations.
3.4 The User shall ensure that its Authorised Representatives use the Database and Software in accordance with this Agreement and shall be responsible for any Authorised Representative’s breach of this Agreement.
3.3 Nothing in this clause shall prevent the User from distributing a reasonable number of hard copies to a client of the User during the normal course of the User’s business.
3.4 Any rights not expressly granted in this licence are reserved to Vetstream.
4. RESTRICTIONS
4.1 General Restrictions Applicable to all Users.
The User shall not, and shall procure that its Authorised Representatives do not (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement):
(a), decompile reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; (b) sell or commercially exploit the Software, Database or Output or any part thereof which prohibition includes renting, leasing or use for public performance; (c) make the Database or Software or Output available on a network or through remote access technology, except in accordance with clause 4.2; (d) combine the Database and/or the Output or associated materials with other information to create a consolidated file to be offered on any on-line service or the Internet which prohibition includes, but without limitation, use of any part of the Database or associated materials in any other software product for resale or distribution on any on-line bulletin board service or in any other media to third parties; (e) transfer, assign or sublicense any license granted by Vetstream under this Agreement; (f) use any of the Database and/or Software, trademarks or trade names owned by Vetstream in any other product in any public presentation or public display including newsletters and advertisements save that the User may use the product in private presentations including User client presentations; (g) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Database and/or Software in any form or media or by any means; (h) access all or any part of the Database and/or Software in order to build a product or service which competes with it; (i) attempt to obtain, or assist third parties in obtaining, access to the Database and/or Software (other than the Authorised Representatives); or (j) introduce or permit the introduction of, any virus into Vetstream’s network and information systems.
4.2 Additional Restriction Applicable to Single Users: The Database and Software are licensed only for use by display on one screen at a time.
5. DATA SECURITY AND AUDIT
The User shall take all reasonable steps to restrict and control all use of the items licensed hereunder, to enforce the restrictions contained in clause 4, and to prevent access to the Database, Software and/or Output by anyone except the Users and its Authorised Representatives. The User hereby grants Vetstream the right to audit on reasonable notice during normal business hours, use of the Database and Software to ensure compliance with this Agreement.
The User undertakes that where access is provided by password, that the User and each Authorised Representative shall keep their password confidential.
6. PERSONAL INFORMATION
The User’s submission of personal information through the website is governed by our Privacy Policy. Please click here to read our Privacy Policy.
Marketing Communications: The User will receive marketing communications if the User has:
(i) requested information from us, trialed or purchased goods or services from us; or (ii) if you provided us with your details and ticked the box at the point of entry of your details for us to send you marketing communications; and (iii) in each case, you have not opted out of receiving that marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by emailing us at marketing@vetstream.com at any time. Where you opt-out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions. Read here for more information. 7. SUBSCRIPTION TERM The provisions of this clause 7 apply to Users who have subscribed to use the Database and Software. The subscription will run for a minimum 12-month period and will be automatically renewed every 12 months after the initial subscription date and will be paid by continuously by credit card or direct debit. Appropriate deductions will be charged on a monthly, quarterly or annual basis dependant on the term selected at the initial purchase. To cancel the subscription after the minimum 12 month period has been met, Vetstream Ltd requires notification in writing allowing 30 days notice. Please email all requests to subscriptions@vetstream.com. No refunds will be provided to monthly or quarterly payers. All cancellation requests are acknowledged and confirmed in writing within 72 hours. If you do not receive a confirmation email within this time frame, please contact us as your request may not have been received.
8. LIMITATION OF WARRANTIES AND LIABILITY
8.1 The User acknowledges that the Software and database in general is not error free and agrees that the existence of such errors shall not constitute a breach of this Agreement.
8.2 In the event that VETSTREAM is in breach of any implied warranty as to satisfactory quality or defective workmanship but subject to the limitations contained in clauses 8.3, 8.4 and 8.5 Vetstream may rectify the problem PROVIDED THAT the breach has not been caused by any modification, variation or addition to the Software or Database not performed by VETSTREAM or caused by its incorrect use, abuse, or corruption of the SOFTWARE or Database or by the use of the Software or Database with other products or on incompatible equipment.
8.3 WHILST VETSTREAM USES ALL REASONABLE EFFORTS TO ENSURE THAT THE DATABASE CONTAINS AN ACCURATE REPRESENTATION ON INTERPRETATION OF MATERIALS AND INFORMATION FROM WHICH THE DATABASE WAS COMPILED ALL LIABILITY IS DISCLAIMED FOR THE ACCURACY, COMPLETENESS OR FUNCTIONING OF THE DATABASE. VETSTREAM ASSUMES NO RESPONSIBILITY FOR THE USER’S USE THEREOF AND VETSTREAM SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES AS A RESULT OF SUCH USE, EVEN IF MADE EXPRESSLY AWARE OF THE POSSIBILITY THEREOF.
8.4 SAVE IN RESPECT OF DEATH OR PERSONAL INJURY, LIABILITY FOR WHICH CANNOT BE EXCLUDED OR LIMITED, VETSTREAM SHALL NOT IN ANY OTHER CIRCUMSTANCES BE LIABLE FOR MORE THAN $1,000 (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS
AGREEMENT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY). 8.5 Some jurisdictions do not allow the exclusion or limitation of certain implied warranties or liability for incidental or consequential damages, so the above exclusion or limitation may not apply to each User and does not exclude any implied warranties or conditions which may not under applicable law be excluded. This limited warranty gives you specific legal rights and is in addition to any other legal rights you may have, which vary from one jurisdiction to another.
THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
9. INDEMNIFICATION
The User shall indemnify Vetstream against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the User’s use of the Database, the Software and/or the Output which is not in accordance with this Agreement.
10. TERMINATION
If the User breaches any term of this Agreement, Vetstream may, in addition to its other legal rights and remedies, terminate any license granted hereunder immediately on written notice to User. Any termination, whether or not pursuant to this clause 10, will not affect any obligation or liability of a party arising prior to termination, and the provisions of clauses 8 and 9 thereof will survive any termination. Upon termination, the User and any Authorised Representatives must immediately cease use of the Database and Software and return the Database and Software to Vetstream together with all accompanying written materials and all copies thereof.
11. FORCE MAJEURE
Vetstream will not be responsible for any delay or failure in performance resulting from any cause beyond its reasonable control.
12. PROHIBITION OF ASSIGNMENT
This Agreement may not be transferred by the User by assignment, sublicense, or otherwise.
13. APPLICABLE LAW
This Agreement will be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales save that Vetstream shall be permitted to seek injunctive, specific performance or other equivalent relief in order to enforce its intellectual property rights in any court of competent jurisdiction.
14. BUSINESS LANGUAGE
The primary language for the business in English. All other languages are directly translated into the relevant language using a combination of automated tools. Automated and machine translation may result in some inadvertent changes. Please refer back to the English version of Vetlexicon content local language translation if required.
15. ENTIRE UNDERSTANDING
This Agreement together with the terms and conditions of Vetstream constitutes the entire understanding of the parties with respect to the subject matter hereof. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any prior User purchase order shall not apply. Any acceptance of a purchase order by Vetstream shall be for acknowledgement purposes only and none of the terms set forth in the purchase order will be binding upon Vetstream. In entering into this
Agreement the User has not relied on any representation, promise, warranty, covenant or undertaking not expressly set forth herein. Accordingly, Vetstream shall be under no liability whatsoever nor shall the User be entitled to any remedy for either any negligent or any innocent misrepresentation except to the extent (if any) that a court or any arbitrator may allow reliance on the same as being fair and reasonable.
15. ENFORCEABILITY BY VETSTREAM
Vetstream retains its rights to enforce its trademarks, copyrights, patents, trade secrets and other rights against any violation thereof.
16. SEVERABILITY
If any term or provision of this Agreement shall be held to be illegal or unenforceable in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form a part of this Agreement, but the validity and enforceability of the remainder of this Agreement shall not be affected.
17.
The contracts (rights of third parties) Act 1999 shall not apply to this Agreement.
18. VIRUSES
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
USER AGREES THAT THERE ARE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT (EXCEPT THE EXPRESS REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH HEREIN). IN NO EVENT SHALL VETSTREAM BE LIABLE TO USER FOR LOSS OF PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WITH RESPECT TO A DEFECT IN SUCH SOFTWARE.