Terms of Service

Terms and Conditions for Era.Vet

Acceptance of Terms

Please read these terms and conditions carefully before accessing or using Era.Vet. By accessing or using the Era.Vet (the "Site"), you agree to become bound by the terms and conditions of this end user agreement (these "Terms"). For certainty, and without limiting the generality of the foregoing, if and where applicable, when you accept these Terms by clicking "I accept" you agree to become bound by these Terms.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT, YOU MUST NOT ACCESS THE SITE AND MAY BE PREVENTED FROM CREATING AN ACCOUNT, GAINING ACCESS TO AN ACCOUNT, OR GAINING ACCESS TO THE SITE AND ITS FEATURES.

These Terms are subject to change. In the event of any significant changes, these Terms will be updated at https://www.era.vet/terms. Without limiting as otherwise provided herein, your continued use of the Site after notification of any changes (including but not limited to changes to these Terms) constitutes your acceptance of any such changes.

1. Use of the Site

1.1 You are permitted to access the information and services offered through the Site (the "Services") subject to and in accordance with these Terms.

1.2 Nothing on this site replaces a vet visit. If it’s an emergency, please go to your nearest emergency veterinary hospital.

1.3 As a condition of your access and use of the Site, you agree that you may use the Site only for lawful purposes, in accordance with these Terms and in compliance with all applicable laws and regulations.

1.4 The Site grants you a non-exclusive, non-transferable, revocable license to access and use the Services provided.

1.5 Era Vet Inc. ("Provider") may add, remove, change, withdraw, terminate, amend, or otherwise modify any Services, any part of any Services, or any information and/or material on the Site (in whole or in part), all in its sole and absolute discretion without any notice to or consent from you whatsoever. Changes will be effective upon posting. Continued use of the Site constitutes acceptance of such changes. Provider will not be liable if, for any reason, all or any part of the Site, the information thereon, and/or the materials thereon, is restricted to users or unavailable at any time or for any period.

2. User Accounts

2.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.

2.2 You agree to provide accurate and up-to-date information during the registration process.

2.3 You are solely responsible for all activities under your account.

2.4 You agree to keep all of your account information accurate and up-to-date as soon as reasonably practicable following a change in any such information.

3. Data Collection

3.1 Your personal information will be used by Provider strictly in accordance with these Terms (including but not limited to Provider's privacy policy which may be found at https://www.era.vet/privacy), as amended from time-to-time.

3.2 By using the Site you are consenting to the use of cookies and similar tracking technologies (such as web beacons and pixels). Cookies are small data files stored on your device that allow a server to recall previous requests, registration details, and/or IP addresses to analyze use patterns respecting the Site. We use the following categories of cookies:

• (a) Strictly necessary cookies, which are required for the Site to function and cannot be disabled
• (b) Performance and analytics cookies, which allow us to count visits and traffic sources so we can measure and improve the performance of the Site
• (c) Functional cookies, which enable enhanced functionality and personalization
• (d) Remarketing and advertising cookies, which include pixels and similar technologies that allow us to measure the performance of advertising campaigns and, where applicable, to show our ads to similar audiences on third-party platforms

Some cookies on the Site may be placed by third-party service providers on our behalf. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Site may not function adequately. Your continued use of the Site following clear notice of cookies constitutes your consent to our use of cookies as described herein. For more information on our automated information gathering practices, including how to manage or withdraw your consent, see https://www.era.vet/privacy.

4. Third-Party Service Providers

4.1 Provider may engage third-party service providers to assist with:

4.1.1 Fee Processing: Third-party processors are used to handle the ordering, processing and payment of fees for products and services (including but not limited to pet food, pet toys, and similar or ancillary items) and other Services through portals established by such third-parties (the "Third Party Portal"). Your financial data, such as credit card details or payment information, will be securely transmitted to and processed by these providers in accordance with industry-standard security protocols, including Payment Card Industry Data Security Standards (PCI DSS) where applicable. Provider will not store or retain any payment information, such as full credit card numbers or CVV codes. By submitting payment information through the Third Party Portal, you agree to be bound by the applicable third-party processor's terms of service and privacy policy. Provider is not responsible for any errors, omissions, or failures of any third-party processor, including any unauthorized access to or disclosure of your payment information by such processors.

4.1.2 Hosting and Analytics: Provider may use third-party providers to host the Site or analyze usage data. Such providers will have access to user data only as necessary to perform their services.

4.2 For your convenience, the Site may provide links or pointers to third-party websites. Provider makes no representations about any other websites or platforms that may be accessed from the Site. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party websites or platforms and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites or platforms. Such links to third-party websites or platforms from the Site may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites or platforms, certain content from the Site. You may only use these features when they are provided by us and solely with respect to the content identified.

5. Payment

5.1 Certain content and Services on the Site may require payment.

5.2 You are responsible for paying all applicable fees associated with the products and services (including but not limited to pet food, pet toys, and similar or ancillary items) and any other Services on or for the Site that you purchase, use or otherwise access. You are also responsible for paying any and all taxes applicable thereon.

5.3 Fees and applicable taxes are non-refundable unless otherwise stated.

5.4 Provider reserves the right to change fees at any time, but such changes will not apply retrospectively.

6. Content and Intellectual Property

6.1 All content on the Site, including but not limited to appointment scheduling, appointment bookings, videos, text, graphics, and software components (including but not limited to source code, documentation, Portal URL's appearance, structure, organisation, preparatory design material and all other elements of the Services), is owned by Provider or its licensors and is protected by copyright, trademark, and other intellectual property laws. Without limiting the generality of the foregoing, Provider's name, trademarks, logo, copyright registrations, and all related names, logos, product and service names, designs, images, and slogans, as applicable, are trademarks of Provider or its affiliates or licensors (collectively, "Marks"). You must not use such Marks without the prior written consent of Provider. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

6.2 You may not reproduce, distribute, modify, or create derivative works from the content without prior written consent of the Provider.

6.3 User-generated content remains the property of the user, but you grant Era.Vet a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content. Notwithstanding the foregoing, if you offer any suggestions, comments, recommendations, posts, notes, or any other remarks of any kind whatsoever and pertaining to any subject matter whatsoever through, on, or with respect to the Site (collectively, "Feedback") then Provider may use such Feedback without restriction or compensation to you, and such Feedback shall be solely and entirely owned by Provider. Your provision of registration information and any submissions you make to the Site through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions constitutes your consent to all actions we take with respect to such information consistent with our practices regarding data use and collection set forth in the Data Collection Section above.

6.4 You are not permitted to modify copies of any information or materials from the Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of information or materials from the Site. You must not access or use for any commercial purposes any part of the Site, or any Services, information or materials available on or through the Site.

6.5 The following content standards apply to any and all content, material, and/or information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Site or to other users or persons (collectively, "User Submissions") and any and all Feedback; you warrant and agree that your use of the Site and any User Submissions and/or Feedback shall not:

6.5.1 In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms (including but not limited to Provider's privacy policy).

6.5.2 In any manner violate the terms of use of any third-party website or other form of third-party platform that is linked to the Site, including but not limited to, any third-party social media website or platform.

6.5.3 Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Provider's sole and absolute discretion.

6.5.4 Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

6.5.5 Involve, provide, or contribute any false, inaccurate, or misleading information.

6.5.6 Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms.

6.5.7 Impersonate or attempt to impersonate Provider, a Provider employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

6.5.8 Transmit, or procure the sending of, any advertisements or promotions without Provider's prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

6.5.9 Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Provider in its sole and absolute discretion, may harm Provider or users of the Site or expose them to liability.

6.5.10 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

6.5.11 Promote any illegal activity, or advocate, promote, or assist any unlawful act.

6.5.12 Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

6.5.13 Be morally objectionable, as determined by Provider in its sole and absolute discretion.

6.6 Any and all User Submissions and Feedback must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

7. User Conduct

7.1 You agree not to engage in any behaviour that disrupts the functionality or integrity of the Site, including uploading viruses, hacking, or attempting unauthorized access.

7.2 Any behaviour that is harmful and violates the rights of others (including, but not limited to, any activity that in any way involves harassment, involves hate speech, is unlawful, is defamatory, infringes on the rights of others, facilitates illegal activity, is sexually explicit or is in any other way related to a sexually explicit depiction) is strictly prohibited.

8. Termination

8.1 Provider reserves the right to suspend or terminate your account and/or your access to the Site in its sole and absolute discretion, with or without notice, for any violation of these Terms.

8.2 Upon termination, your right to use the Site (including but not limited to access to your account) ceases immediately.

9. Restrictions

9.1 You have no right to access or use the Services for any purposes except as may be otherwise expressly set forth in these Terms.

9.2 You shall not and shall not enable or assist any third-party to:

9.2.1 Modify, alter, adapt, copy, translate, perform and display or create derivative works based on the Site, based on the Services, based on information from the Site, or based on materials from the Site, (collectively, the "Infrastructure") or proceed to any action that may be properly characterized as copyright infringement by applicable law.

9.2.2 Decompile, reverse engineer (except as permitted by law), disassemble or otherwise attempt to obtain the source code, object code, or underlying structure, ideas, or algorithms of any of the Infrastructure.

9.2.3 Merge or bundle any of the Infrastructure with other software.

9.2.4 Sell, resell, license, lease, publish, display (publicly or otherwise), distribute, rent, lease or otherwise transfer or by any means make available, either directly or via another reseller, to a third-party any of the Infrastructure or include any of the Infrastructure in a service bureau, time-sharing, or equivalent offering.

9.2.5 Duplicate, copy or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts (including the look and feel) of any of the Infrastructure.

9.2.6 Publicly disseminate information from any source regarding the performance of any of the Infrastructure or otherwise conduct any benchmark or stress tests.

9.2.7 Access, store, distribute or transmit any viruses, worms, Trojan horses, or other harmful code that in Provider's sole and absolute discretion affects any of the Infrastructure.

9.2.8 Interfere or attempt to interfere in any manner with the proper functioning of any of the Infrastructure.

9.2.9 Include any material during the course of your use of any of the Infrastructure that is unlawful, is harmful, is defamatory, infringes any rights, facilitates illegal activity, is harassing, depicts sexually explicit images and/or causes damage or injury to any person or property.

10. Disclaimers and Limitations of Liability

10.1 The Infrastructure is provided "as is" and "as available" without warranties of any kind, either express or implied.

10.2 Provider does not warrant that any of the Infrastructure will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Provider does not warrant that any of those issues will be corrected.

10.3 Provider is not responsible for any loss or damage resulting from your use of the Infrastructure.

10.4 Without limiting as otherwise provided herein, in no event will Provider or its affiliates be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, any of the Infrastructure.

10.5 The transmission of information via the internet is not completely secure. Although Provider is committed to protecting your personal information, Provider cannot guarantee the security of your information transmitted to the Site. Any transmission of information is at your own risk. Provider is not responsible for circumvention of any privacy settings or security measures contained on the Site.

10.6 The content on the Site, including any information relating to our veterinary clinic, is provided for general information purposes only. It is not intended to constitute or amount to veterinary, medical, or professional advice on which you should rely. You must obtain specific veterinary or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Site.

10.7 Although Provider intends to make reasonable efforts to update the Infrastructure, Provider makes no representations, warranties, or guarantees, whether express or implied, that any of the Infrastructure is accurate, complete, or up to date. Your use of the Infrastructure is at your own risk and neither Provider nor its affiliates (including, but not limited to, their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, members or successors) have any responsibility or liability whatsoever for your use of the Site.

10.8 The Infrastructure may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Provider, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Provider. Neither Provider nor its affiliates (including, but not limited to, their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, members or successors) have any responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third-party materials on or within any part of the Infrastructure.

10.9 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10.10 NEITHER PROVIDER NOR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, MEMBERS OR SUCCESSORS) MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER PROVIDER NOR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, MEMBERS OR SUCCESSORS) REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.11 PROVIDER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

10.12 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL PROVIDER OR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, MEMBERS OR SUCCESSORS) BE LIABLE FOR DAMAGES IN EXCESS OF $100 OR FOR DAMAGES AS A RESULT OF NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY OF THE INFRASTRUCTURE, ANY LINKED SITES OR SUCH OTHER THIRD-PARTY SITES, OR INFORMATION THEREON.

11. Indemnification

11.1 You agree to defend, indemnify and hold harmless Provider, its affiliates, and employees from any third-party claims, actions, proceedings, losses, or damages arising out of your use of the Infrastructure, your breach of any laws or regulations, and/or your violation of these Terms.

12. Governing Law and Choice of Forum

12.1 The Site, the Services, and these Terms will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

12.2 Any action or proceeding arising out of or relating to the Site and under these Terms will be instituted in the courts of the Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

13. Contact Information

13.1 If you have any questions about these Terms, please contact us at care@era.vet.