Vet for call
Core Terms of Use (‘Terms’) of Our Service

You should read these Terms carefully before using Vet for call services as they set out the basis on which we provide services to you. If you are unhappy with or do not agree with these Terms then you should exit the Vet for call platform and cancel any appointment.

These Terms apply to all of the users (including ‘you‘) of our website (https://vetforcall.com) (the ‘Platform‘). These Terms apply to you whether you are a Doctor or private (self-funded) patient and should be read in conjunction with the additional terms listed below.

By using the Platform, you are agreeing to these Terms, along with the following additional terms, which also apply and shall be incorporated into our Contract with you:

 

  • our Privacy Policy (https://vetforcall.com/privacy-policy);
  • our Cookie Policy (see Schedule 1).
  • the additional Terms and Conditions of Service which apply for Vets or Private Patients, depending on how you are accessing Doctor for call’s services.

Any reference to ‘these Terms’ shall include all of these terms (as applicable)

UAB Daktaras Telefonu, on behalf of itself and its affiliates/group companies under the brand “Vetforcall” (Vetforcall.com), is the author and publisher of the internet resource www.Vetforcall.com and the mobile application Vetforcall (Website). Vetforcall owns and operates the services provided through the Website.

 

  1. 1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions(Terms)and the privacy policy available at https://www.Vetforcall.com/company/privacy(Privacy Policy)before you decide to access the Website or avail the services made available on the Website by Vetforcall. These Terms and the Privacy Policy together constitute a legal agreement(Agreement)between you and Vetforcall in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are –

  1. A veterinary Veterinarian or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Veterinarians or institutions(Veterinarian(s), you or User);or

iii. A pet owner, his/her representatives or affiliates, registering their pet under their profile, searching for Veterinarians through the Website(End-User, you or User);or

  1. Otherwise a user of the Website(you or User).

This Agreement applies to those services made available by Vetforcall on the Website, which are offered free of charge to the Users(Services), including the following:

  1. For Veterinarians: Listing of Veterinarians and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  2. For other Users: Facility to (i) create and maintain profiles for themselves and their pets (ii) search for Veterinarians by name, specialty, and geographical area, or any other criteria that may be developed and made available by Vetforcall, and (iii) to make appointments with Veterinarians.

The Services may change from time to time, at the sole discretion of Vetforcall, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@vetforcall.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Vetforcall.

The Agreement is published in compliance of, and is governed by the provisions of Lithuanian law.

  1. 2.CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Vetforcall that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

  1. 3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN VeterinarianS

The terms in this Clause 3 are applicable only to Users other than Veterinarians.

vii. 3.1END-USER ACCOUNT AND DATA PRIVACY

3.1.1The terms personal information and sensitive personal data or information are defined under the GDPR Rules, and are reproduced in the Privacy Policy.

3.1.2Vetforcall may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Vetforcalls services and to build new services.

3.1.3The Website allows Vetforcall to have access to registered Users personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Veterinarians and their practice.

3.1.4The Privacy Policy sets out,inter-alia:

  1. The type of information collected from Users, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information;

iii. How and to whom Vetforcall will disclose such information; and,

  1. Other information mandated by the GDPR Rules.

3.1.5The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of,inter-alia:

  1. the fact that certain information is being collected;
  2. the purpose for which the information is being collected;

iii. the intended recipients of the information;

  1. the nature of collection and retention of the information; and
  2. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  3. the various rights available to such Users in respect of such information.

3.1.6Vetforcall shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Vetforcall or to any other person acting on behalf of Vetforcall.

3.1.7The User is responsible for maintaining the confidentiality of the Users account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the Users account and password, whether or not authorized by the User. The User shall immediately notify Vetforcall of any actual or suspected unauthorized use of the Users account or password. Although Vetforcall will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vetforcall or such other parties as the case may be, due to any unauthorized use of your account.

3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Vetforcall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vetforcall has the right to discontinue the Services to the User at its sole discretion.

3.1.9Vetforcall may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10Against every Veterinarian listed in Vetforcall.com, you may see a show number option. When you choose this option, you choose to call the number. Such call facility provided to you by or through Vetforcall should be used only for appointment and booking purposes, and not for consultation on health-related issues. Vetforcall accepts no liability if the call facility is not used in accordance with the foregoing. Vetforcall may also choose to not use this facility and show the Veterinarian’s direct number. In case you choose not to provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Vetforcall reserves the right to not provide the Services for which such personal information is sought.

viii. 3.2RELEVANCE ALGORITHM

Vetforcalls relevance algorithm for the Veterinarians is a fully automated system that lists the Veterinarians, their profile and information regarding their Practice on its Website. These listings of Veterinarians do not represent any fixed objective ranking or endorsement by Vetforcall. Vetforcall will not be liable for any change in the relevance of the Veterinarians on search results, which may take place from time to time. The listing of Veterinarians will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Vetforcall in no event will be held responsible for the accuracy and the relevancy of the listing order of the Veterinarians on the Website.

  1. 3.3LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1Vetforcall collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Veterinarians listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Vetforcall takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Vetforcall screens and vets the information and photos submitted by the Veterinarians, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2The Services provided by Vetforcall or any of its licensors or service providers are provided on an “as is” and as available basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Vetforcall does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Vetforcall does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Vetforcall disclaims all liability arising out of the Users use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Vetforcall or any User in relation to any User or services provided by such User.

3.3.3The Website may be linked to the website of third parties, affiliates and business partners. Vetforcall has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Vetforcall endorses the linked site. User may use the links and these services at Users own risk.

3.3.4Vetforcall assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users equipment on account of Users access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, Users sole remedy is to discontinue using the Website.

3.3.5If Vetforcall determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Vetforcall reserves the right to immediately suspend your access to the Website or any of your accounts with Vetforcall and makes such declaration on the website alongside your name/your clinics name as determined by Vetforcall for the protection of its business and in the interests of Users. You shall be liable to indemnify Vetforcall for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Vetforcall or its Users.

3.3.6The information published under the head of “Industry wide city-wise Pricing Graph” is derived from a benchmarking group that is determined to be relevant by Vetforcall in the relevant city. Vetforcall has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Vetforcall is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

  1. 3.4BOOK APPOINTMENT AND CALL FACILITY

Vetforcall enables Users to connect with Veterinarians through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telemedicine video consultation services with veterinary Veterinarians

3.4.1Vetforcall will ensure Users are provided confirmed appointment on the Book facility. However, Vetforcall has no liability if such an appointment is later cancelled by the Veterinarian, or the same Veterinarian is not available for appointment.

3.4.2If a User has utilized the telephonic services, Vetforcall reserves the right to share the information provided by the User with the Veterinarian and store such information and/or conversation of the User with the Veterinarian, in accordance with ourPrivacy Policy.

3.4.3The results of any search Users perform on the Website for Veterinarians should not be construed as an endorsement by Vetforcall of any such particular Veterinarian. If the User decides to engage with a Veterinarian to seek veterinary services, the User shall be doing so at his/her own risk.

3.4.4Without prejudice to the generality of the above, Vetforcall is not involved in providing any healthcare or veterinary advice or diagnosis and hence is not responsible for any interactions between User and the Veterinarian. User understands and agrees that Vetforcall will not be liable for:

  1. User interactions and associated issues User has with the Veterinarian;
  2. the ability or intent of the Veterinarian(s) or the lack of it, in fulfilling their obligations towards Users;

iii. any wrong medication or quality of treatment being given by the Veterinarian(s), or any veterinary negligence on part of the Veterinarian(s);

  1. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Veterinarian to provide agreed Services;
  2. any misconduct or inappropriate behaviour by the Veterinarian or the Veterinarians staff;
  3. cancellation or no show by the Veterinarian or rescheduling of booked appointment or any variation in the fees charged.

3.4.5Users are allowed to provide feedback about their experiences with the Veterinarian, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Vetforcall shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Veterinarian from the Website.

3.4.6In case of a Patient-No-Show (P.N.S) (defined below), where the User does not show-up at the concerned Veterinarians clinic and/or scheduled online visit:

  1. Users account will be temporarily disabled from booking further online appointments on Vetforcall.com for next four (4) months, in case of, three(3) Valid PNS, as per thePatient-No-Show Policy and the user will be charged the consultation fee regardless. However, the User can continue to call the clinic via Vetforcall.com to get an appointment.
  2. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Veterinarian in advance about the same. When Veterinarian informs Vetforcall of the incident or marks a particular appointment as P.N.S. using the Vetforcall within five (5) days of the scheduled appointment, an email and SMS (PNS Communication) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Vetforcall shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Veterinarian.

iii. Following instances, solely at the discretion of Vetforcall, would be construed as valid cases of PNS (Valid PNS), in which case the User shall be penalized as per Clause 3.4.6 (a):

  1. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
  2. In case User responds to the PNS Communication with below reasons:
  3. Forgot the appointment
  4. Chose to visit another Veterinarian/consulted online;
  5. Busy with other work; or such other reasons (which Vetforcall at its discretion decides to be a valid reason to not show up).
  6. Where the User has booked a paid appointment and is unable to visit the Veterinarian, due to such genuine reasons of sickness etc. at the sole discretion of Vetforcall, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
  7. Vetforcall reserves the right to make the final decision in case of a conflict. The total maximum aggregate liability of Vetforcall with respect to any claims made herein shall be Euros 20.

3.4.7Cancellation and Refund Policy

  1. In the event that, the Veterinarian with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at info@Vetforcall.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Veterinarian, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Veterinarian/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
  2. Users will not be entitled for any refunds in cases where, the Veterinarian is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the veterinary services from the said Veterinarian.
  3. 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, Information) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the veterinary profession. The provision of such Information does not create a licensed veterinary professional/patient relationship, between Vetforcall and you and does not constitute an opinion, veterinary advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate veterinary care from a qualified Veterinarian.

3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Vetforcall, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a veterinary emergency (either on your or a another persons behalf), please contact an ambulance service or hospital directly.

xii. 3.6CONSULT

NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions(Terms)and the privacy policy available athttps://www.Vetforcall.com/company/privacy(Privacy Policy)before you decide to access the Website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement(Agreement)between you and Vetforcall (on its and its affiliates behalf) in relation to the Services (as defined below).

The Agreement applies to:

  1. a veterinary Veterinarian or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Consult platform or the Consult (International) platform, as the case may be(Veterinarian(s), you or User);or
  2. A patient, his/her representatives or affiliates, searching for Veterinarians through the Website(End-User, you or User);or

iii. Otherwise a user of the Website(you or User).

This Agreement applies to those services provided by Vetforcall on the Website,(Services),

The Services may change from time to time, at the sole discretion of Vetforcall, and the Agreement will apply to you providing the Service.

Vetforcall reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

The Agreement is published in compliance of, and is governed by the provisions of Lithuanian law, including but not limited to:

 

 

 

 

 

 

 

 

 

 

  1. CONSULT (Domestic – Lithuania)
  2. Definition:

Consult is a Service provided by Vetforcall that allows Users & Veterinarians to communicate through video-calls through the website, on paid mode. Further, Users may access this feature on Website/ platform to get assigned, for the purposes of consultation, to a Veterinarian whereby such Veterinarians are inter alia assigned through the systems algorithm/software-program that finds the most available and accepting Veterinarian. The scope of this feature as detailed herein is collectively referred to as “Consult”.

  1. Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

  1. Users can choose the Veterinarian in certain events (like through Q&A offering). In cases where Users cannot choose a Veterinarian (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Veterinarian.
  2. In case any prescription is being provided to User by the Veterinarian, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Veterinarians be relied upon as a final and conclusive solution.

iii. The Users agree to use the advice from Veterinarian on the Website pursuant to:

an ongoing treatment with their veterinary Veterinarian;

a condition which does not require emergency treatment, physical examination or veterinary attention;

veterinary history available as records with them for reference;

a record of physical examination and report thereof with them, generated through their local veterinary Veterinarian;

consultation with their veterinary Veterinarian before abandoning or modifying their ongoing treatment.

  1. The User agrees that by using Consult, the Veterinarians on Consult will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
  2. The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Veterinarian is based on general veterinary conditions and practices prevalent in Lithuania, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than Lithuania, irrespective of where the User is procuring veterinary services or engaging in communication with the Veterinarian.
  3. During the consultation and thereafter, the Veterinarian may upload the prescription/health records of the Users pet on the account of the User on the Website for access of the User. However, it is expressly clarified that for Users not located within Lithuania and using Consult, the Veterinarian may or may not issue a prescription, at his sole discretion.

vii. Notwithstanding anything contained herein, Vetforcall is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Veterinarian.

viii. If Veterinarian responds to the Users query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Vetforcall may send such communications like text messages/email/calls before and/or after Veterinarians consultation (physical or online) to Users mobile number, based on the Veterinarians settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, Vetforcall does not take responsibility for timeliness of such communications.

  1. Consult is merely a consulting model, any interactions and associated issues with the Veterinarian on Consult including but not limited to the Users pets health issues and/or the Users experiences is strictly between the User and the Veterinarian.
  2. Any conversations that the Users have had with the Veterinarian will be subject to doctor patient confidentiality and treated as such as per the applicable laws, Vetforcall policies, including the Vetforcall guidelines and subject to confidentiality.
  3. The User hereby agrees to and grants consent to the Vetforcalls veterinary team with the right to audit his/her consultations on the Consult platform for the purpose of improving treatment quality and other related processes.

xii. User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.

xiii. Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Veterinarian, Vetforcall reserves the right to block such Users from the Consult platform and Vetforcall is not responsible for honouring any refund request towards his/her consultation on the Consult platform.

xiv. Users may share images or videos of the affected areas of their pets body parts with the Veterinarian only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. Vetforcall shall not be responsible for any such images or videos shared by the Users with the Veterinarians.

  1. Users shall ensure that any interaction/communication with the Veterinarians, including sharing images or videos of the pets body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Veterinarians.

xvi. Users shall be prepared to share all relevant documents or reports to the Veterinarian promptly upon request.

xvii. For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Veterinarian.

xviii. Users shall not persuade Veterinarians to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:

Medication for Termination of Pregnancy (MTP)

Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.

xix. If restricted drugs are indicated for treatment or management of a disease or condition by a Veterinarian, the User shall physically visit the Veterinarian of their choice to confirm the requirements/necessity for prescribing such restricted drugs.

  1. User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.

xxi. If User decides to engage with a Veterinarian to procure veterinary services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Vetforcall shall not be responsible for any breach of Service or Service deficiency by any Veterinarian.

xxii. The User agrees and understands that the transaction with the Veterinarian are subject to jurisdiction of Lithuanian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Veterinarian is a veterinary Veterinarian who is licensed to practice medicine in Lithuania and the onus is on the User to determine if he/she is eligible to consult with the Veterinarians via the Website. It is expressly clarified that at no point in time can it be construed that the Veterinarian is practicing medicine in a territory other than Lithuania, irrespective of where the User is located and procures veterinary services or engages in communication with the Veterinarian, in any manner whatsoever.

xxiii. The User shall indemnify and hold harmless Vetforcall and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

xxiv. The User shall make payment using the payment gateway to make payments online, solely at User’s discretion. Should there be any issues with regard to the payment not reaching the Vetforcall account, the User may contact Vetforcall’s support team via online chat:https://www.Vetforcall.com/consult/direct/chat-support.

iii. Terms for Veterinarians:

  1. The Veterinarian shall promptly reply to the User after receiving Users communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Veterinarian, Vetforcall shall have the right to replace such Veterinarians for the purpose of consultation to the User.
  2. The Veterinarian further understands that, there is a responsibility on the Veterinarian to treat the User, pari passu, as the Veterinarian would have otherwise treated the User on a physical one-on-one consultation model.

iii. The Veterinarian has the discretion to cancel any consultation at any point in time in cases where the Veterinarian feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Veterinarians. However, it is strongly recommended that the Veterinarian advise the User and explain appropriately for next steps which may include referring the User for further evaluation.

  1. The Veterinarian is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Veterinarian shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Lithuania. The Veterinarian shall at all times ensure that all the applicable laws that govern the Veterinarian shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
  2. Veterinarian shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Veterinarians knowledge.
  3. For direct consultations on the Consult platform, the Veterinarian shall ensure that they respond to User’s health concern within a maximum of two (2) hours of the Veterinarian receiving the message (in exceptional circumstances, where the consultation was allocated to a Veterinarian without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.

vii. In case, the Veterinarian accepts a User’s consultation by their own choice, then such Veterinarians shall ensure to provide a response within five (5) minutes of accepting the said consultation. Also, the response time for a Veterinarian during an active consultation shall not exceed five (5) minutes.

viii. In case, the Veterinarian has marked himself/herself available for a particular consultation on the Consult platform and in the event a consultation has been auto allocated to a Veterinarian, then such Veterinarians shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.

  1. Veterinarians should provide e-prescriptions to the Users only via the prescription module. However, when the Veterinarian creates an e-prescription, the Veterinarian will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Veterinarian hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Veterinarian hereby agrees to hold Vetforcall, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
  2. For a Veterinarian to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:

Summary of presenting illness

Provisional diagnosis

Medicine posology including side effects if any

Diagnostics

Lifestyle changes

Other instructions if any

Referral for physical consultation (if necessary)

  1. Where the Veterinarian learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Veterinarian shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.

xii. Veterinarians shall not prescribe, veterinary termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Consult platform. If any such drugs are indicated for treatment for a given consultation, the Veterinarian shall refer the User for a physical consultation.

xiii. In the event the Veterinarian learns about animal abuse, sexual misconduct or User self-harm (suicide: planned, attempted or completed), the Veterinarian agrees to report such events to Vetforcall via the email: info@vetforcall.com

xiv. The Veterinarians agrees not to request see for images or video of the User’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the Users condition and it is absolutely necessary to arrive at a probable diagnosis.

  1. If Veterinarian needs to change the status to ‘unavailable’, the same could be changed after having completed all the open consultations. In case the Veterinarian leaves a consultation open and changes the status to ‘unavailable’, the Veterinarian understands that he shall be liable to pay such penalty as may be imposed by Vetforcall, in these cases.

xvi. The Veterinarian is not allowed to use any other platform other than the Consult platform for the purpose of interacting/communicating with the User and any attempt by the Veterinarian to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Veterinarian.

xvii. If the Veterinarians performance on the Consult platform is not compliant with the expected guidelines of Vetforcall or the Veterinarian is found to be misusing the Consult platform, the Veterinarian may result in losing the privilege of using the Consult feature & platform.

xviii. The Veterinarian acknowledges that should Vetforcall find the Veterinarian to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Vetforcall shall be entitled to cancel the consultation with such Veterinarian or take such other legal action as may be required.

xix. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact Vetforcall’s support team via online chat:https://www.Vetforcall.com/consult/direct/chat-support.

  1. It is further understood by the Veterinarian that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Veterinarian privilege.

xxi. The Veterinarian understands that Vetforcall makes no promise or guarantee for any uninterrupted communication and the Veterinarian shall not hold Vetforcall liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Vetforcall

xxii. The Veterinarian understands that Vetforcall makes no promise or guarantee for the number of consultations that will be allocated to a Veterinarian on the Consult platform. The consultations allocated to a Veterinarian will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of Veterinarians available, etc., It is the responsibility of the Veterinarian to keep a track of their overall performance using the Vetforcall Pro application.

xxiii. It shall be the responsibility of the Veterinarian to ensure that the information provided by User is accurate and not incomplete and understand that Vetforcall shall not be liable for any errors in the information included in any communication between the Veterinarian and User.

xxiv. The Veterinarian shall indemnify and hold harmless Vetforcall and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Veterinarian, violation of any law, rules or regulations by the Veterinarian or due to such other actions, omissions or commissions of the Veterinarian that gave rise to the claim.

  1. Refund policy for Patients:
  2. In the event it is proved that the Veterinarians have acted in contravention of any applicable laws, Vetforcall shall provide complete refund to the User, subject to investigation undertaken by Vetforcall.
  3. If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and Vetforcall/Veterinarian shall be entitled to take any legal action, depending upon the gravity of the matter.

iii. User shall refrain from raising any personal queries or advise on the Consult platform which are not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the Consult platform, Vetforcall reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.

  1. In case a Veterinarian does not respond to a paid consultation within five (5) minutes from the time of starting a consultation on the Consult platform, or does not respond for more than five (5) minutes during an active consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded.
  2. In case a Veterinarian does not provide a consultation summary prescription for a particular consultation, then the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded. Refunds will not be provided if the Veterinarian has provided a consultation summary prescription to the User.
  3. In case a Veterinarian is unreasonably abrupt or quick to complete a particular consultation on the Consult platform, then the User shall have the right to request for a refund. Vetforcall shall provide complete refund to the User, subject to investigation undertaken by Vetforcall.

vii. Vetforcall reserves the right to permanently block Users from the Consult platform in the event Vetforcall receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of Vetforcall.

viii. Users are allowed a period of three (3) days to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter.

  1. Users can request a refund by contacting Vetforcalls online chat support:https://www.Vetforcall.com/consult/direct/chat-support
  2. Vetforcall shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved from Vetforcall.
  3. In the event a User raises any concerns regarding the inappropriateness of a particular consultation on the Consult platform, the User agrees that the refund or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by Vetforcall as per Vetforcalls internal policies.

xii. In all matters related to refund and settlement under this Agreement, Vetforcall shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties information. The decision of Vetforcall shall be final in this regard.

  1. Express Disclaimers:
  2. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Veterinarian adjudges that a physical examination would be required and advises in-person consultation, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Veterinarian listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Vetforcall shall not be held liable.
  3. Consult is a platform being made available to Users to assist them to obtain consultation from Veterinarians and does not intend to replace the physical consultation with the Veterinarian.
  4. Consult (International)
  5. Definition:

Consult (International) is a service provided by Vetforcall that allows international Users & Veterinarians to communicate, on paid mode. Further, such Users may access this feature on Website/ platform to get assigned, for the purposes of a chat with a Veterinarian whereby such Veterinarians are inter alia assigned through the systems algorithm/software-program that finds the most available and accepting Veterinarian. The scope of this feature as detailed herein is collectively referred to as Consult (International)”.

  1. Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

  1. Users can choose the Veterinarian in certain events (like through Q&A offering). In cases where Users cannot choose a Veterinarian (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Veterinarian.
  2. The Users agree to use the advice from Veterinarian on the Website pursuant to:

an ongoing treatment with their veterinary Veterinarian;

a condition which does not require emergency treatment, physical examination or veterinary attention;

veterinary history available as records with them for reference;

a record of physical examination and report thereof with them, generated through their local veterinary Veterinarian;

consultation with their veterinary Veterinarian before abandoning or modifying their ongoing treatment.

iii. The User agrees that by using Consult (International), the Veterinarians on Consult (International) will not be providing a veterinary consultation, conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.

  1. The User understands that Consult (International) shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the consultation provided by the Veterinarian on Consult (International) is based on general veterinary conditions and practices prevalent in Lithuania, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than Lithuania, irrespective of where the User is procuring veterinary services or engaging in communication with the Veterinarian.
  2. If Veterinarian responds to the Users query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Vetforcall may send such communications like text messages/email/calls before and/or after Veterinarians consultation (physical or online) to Users mobile number, based on the Veterinarians settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, Vetforcall does not take responsibility for timeliness of such communications.
  3. Consult (International), is merely a veterinary information providing model, any interactions and associated issues with the Veterinarian on Consult (International) including but not limited to the Users health issues and/or the Users experiences is not a veterinary consultation in any manner.

vii. Any conversations that the Users have had with the Veterinarian will not be subject to doctor patient confidentiality. It is explicitly provided that any such interaction on Consult (International) does not establish a patient doctor relationship.

viii. User understands and agrees to provide accurate information and will not use the Consult (International) platform for any acts that are considered to be illegal in nature.

  1. If User decides to engage with a Veterinarian to procure veterinary services or engages in communication, exchange of money for services outside of Consult (International) platform, User shall do so at their own risk. Vetforcall shall not be responsible in this regard in any manner whatsoever.
  2. The User agrees and understands that the transaction with the Veterinarian are subject to jurisdiction of Lithuanian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Veterinarian is a veterinary Veterinarian who is licensed to practice medicine in Lithuania and the onus is on the User to determine if he/she is eligible to chat with the Veterinarians via the Website. It is expressly clarified that at no point in time can it be construed that the Veterinarian is practicing medicine in a territory other than Lithuania, irrespective of where the User is located and procures veterinary services or engages in communication with the Veterinarian, in any manner whatsoever.
  3. The User shall indemnify and hold harmless Vetforcall and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of these terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

xii. The User shall make payment using the payment gateway to make payments online, solely at User’s discretion. Should there be any issues with regard to the payment not reaching the Vetforcall account, the User may contact support via online chat:https://www.Vetforcall.com/consult/direct/chat-support.

iii. Express Disclaimers:

  1. Consult (International) is intended for general purposes only and is not meant to be a veterinary consultation, used in emergencies/serious illnesses requiring physical consultation.
  2. Consult (International)is a platform being made available to Users to assist them to obtain information from experts (Veterinarians) and does not intend to replace the physical consultation with the Veterinarian.
  3. Terms for Veterinarians:
  4. The Veterinarian shall promptly reply to the User after receiving Users communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Veterinarian, Vetforcall shall have the right to replace such Veterinarians for the purpose of interaction with the User.
  5. The Veterinarian further understands that, there is a responsibility on the Veterinarian to provide accurate information to the User, as the Veterinarian would have done so to any other patient of his, however no doctor-patient relationship is established pursuant to interactions on Consult (International).

iii. The Veterinarian has the discretion to cancel any chat at any point in time in cases where the Veterinarian feels, it is beyond his/her expertise or his/her capacity to interact with the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Veterinarians. However, it is strongly recommended that the Veterinarian advise the User and explain appropriately for next steps.

  1. The Veterinarian shall at all times ensure that all the applicable laws that govern the Veterinarian shall be followed and utmost care shall be taken in terms of the interaction on Consult (International).
  2. The Veterinarian acknowledges that should Vetforcall find the Veterinarian to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities in Consult (International), then Vetforcall shall be entitled to cancel the interaction with such Veterinarian or take such other legal action as may be required.
  3. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact the Vetforcall support team via online chat:https://www.Vetforcall.com/consult/direct/chat-support.

vii. It is further understood by the Veterinarian that the information that is disclosed by the User at the time of interaction is personal information and is subject to all applicable privacy laws.

viii. The Veterinarian understands that Vetforcall makes no promise or guarantee for any uninterrupted communication and the Veterinarian shall not hold Vetforcall/Vetforcall liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Vetforcall.

  1. It shall be the responsibility of the Veterinarian to ensure that the information provided by User is accurate and not incomplete and understand that Vetforcall shall not be liable for any errors in the information included in any communication between the Veterinarian and User.
  2. The Veterinarian shall indemnify and hold harmless Vetforcall and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Veterinarian, violation of any law, rules or regulations by the Veterinarian or due to such other actions, omissions or commissions of the Veterinarian that gave rise to the claim under Consult (International).
  3. CONFIDENTIALITY

The Veterinarian using the Consult platform and Consult (International) platform, as the case may be, shall have the following confidentiality obligations:

  1. Veterinarian agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of Vetforcall, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the Confidential Information), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user engagement models and business methods. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding Vetforcalls and/or its affiliates software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to Vetforcalls and/or its affiliates software products or derived from testing or other use thereof.
  2. Veterinarian shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.

iii. Veterinarian agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of Vetforcall and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.

  1. Upon request of Vetforcall or upon termination of the Agreement, Consultant shall promptly deliver to Vetforcall any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Veterinarian.
  2. Nothing in the Agreement will be construed as conveying to the Veterinarian any right, title or interests or copyright in or to any Confidential Information of Vetforcall; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
  3. The confidentiality obligations of the Veterinarian as mentioned herein will survive termination or expiration of the Agreement. Vetforcall has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.

vii. Any non-disclosure agreement signed between Vetforcall and the Veterinarian will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.

  1. RIGHT TO USE LOGOS AND TRADEMARKS

Vetforcall is entitled to use the Veterinarians name and logo, including trademarks (collectively,Marks) on the Website and Vetforcalls marketing materials. Vetforcall will be permitted to issue press releases of any kind referencing the Veterinarian and the Marks. However, the Veterinarian shall seek a written permission from Vetforcall to participate in any press releases or for using trade names, trademarks, or service marks of Vetforcall in any of its advertisement, publicity, or promotion.

  1. TERMINATION

Vetforcall/Vetforcall (as the context warrants) reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:

  1. Veterinarian breaches any terms and conditions of the Agreement or contravenes applicable laws; and
  2. A third-party reports violation of any of its right as a result of your use of the Services.
  3. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Vetforcall, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, theProtected Entities) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, Users provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  1. provision of or failure to provide all or any Service by Veterinarians to End- Users contacted or managed through the Website;
  2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

iii. any unauthorized access to or alteration of your transmissions or data; or

  1. any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a Users use of the Website or the Services exceed, in the aggregate Euros 50/- (Fifty Euros only).

  1. SEVERABILITY

If any provision of the Agreement is invalid as per applicable law, held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Vetforcall. Any consent by Vetforcall to, or a waiver by Vetforcall of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  1. NO DISPARAGEMENT

Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Veterinarian shall not make any public statement disparaging the other partys brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.

  1. APPLICABLE LAW AND DISPUTE SETTLEMENT

The parties agree that this Agreement and any contractual obligation between Vetforcall and User will be governed by the laws of Lithuania.

The courts at Lithuania shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Users use of the Website or the Services or the information to which it gives access.

 

xiii. 3.7Vetforcall HEALTH FEED

These terms & conditions governing Vetforcall Health feed are applicable to Users (being both end-users/ Veterinarian). However, it is clarified that the terms and conditions herein applicable only to Veterinarians and applicable to Users are called out separately, as the context warrants.

3.7.1Vetforcall Health feed is an online content platform available on the Website, wherein Veterinarians who have created a Vetforcall profile can login and post health and wellness related content.

3.7.2Veterinarians can use Vetforcall Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same(Content), and uploading said Content to Vetforcalls servers. Vetforcall will make available to the User a gallery of images licensed by Vetforcall from a third party stock image provider(Vetforcall Gallery). The User can upload their own images or choose an image from the Vetforcall Gallery. Vetforcall does not provide any warranty as to the ownership of the intellectual property in the Vetforcall Gallery and the User acknowledges that the User will use the images from the Vetforcall Gallery at their own risk. Vetforcall shall post such Content to Vetforcall Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Vetforcall Health feed does not constitute veterinary advice and may not be construed as such by any person.

3.7.3Veterinarians acknowledges that they are the original authors and creators of any Content uploaded by them via Vetforcall Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Vetforcall reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Veterinarian agrees to absolve Vetforcall from and indemnify Vetforcall against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Veterinarians uploading of any Content on the Vetforcall Health feed. The Veterinarian may not use the images in the Vetforcall Gallery for any purpose other than those directly related to the creation and uploading of Content to Vetforcall Health feed. The Veterinarian also agrees to absolve Vetforcall from and indemnify Vetforcall against all claims that may arise as a result of any third party intellectual property claim if the Veterinarian downloads, copies or otherwise utilizes an image from the Vetforcall Gallery for his/her personal or commercial gain.

3.7.4Veterinarian hereby assigns to Vetforcall, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Vetforcall Health feed.

3.7.5Vetforcall shall have the right to edit or remove the Content and any comments in such manner as it may deem Vetforcall Health feed at any time.

3.7.6Veterinarian shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Veterinarian should ensure that the Content is not invasive of any other persons privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Vetforcall reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Veterinarian agrees to absolve Vetforcall from and indemnify Vetforcall against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Veterinarian on Vetforcall Health Feed.

3.7.7Veterinarian shall ensure that no portion of the Content is violative of any law for the time being in force.

3.7.8Veterinarian shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of Lithuania, friendly relations with foreign states, or public order. Further the Veterinarian shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.

3.7.9User may also use Vetforcall Health feed in order to view original content created by Veterinarians and to create and upload comments on such Content, where allowed(User Comment).

3.7.10User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Vetforcall.

3.7.11User agrees that the Content they access on Vetforcall Health feed does not in any way constitute veterinary advice and that the responsibility for any act or omission by the User arising from the Users interpretation of the Content, is solely attributable to the User. The User agrees to absolve Vetforcall from and indemnify Vetforcall against all claims that may arise as a result of the Users actions resulting from the Users viewing of Content on Vetforcall Health feed.

3.7.12User acknowledges that all intellectual property rights in the User Comment on Vetforcall Health feed vests with Vetforcall. The User agrees not to infringe upon Vetforcalls intellectual property by copying or plagiarizing content on Vetforcall Health feed. Vetforcall reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Vetforcall. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Vetforcall reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Vetforcall from and indemnify Vetforcall against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.

3.7.13User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other persons privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Vetforcall reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Vetforcall from and indemnify Vetforcall against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.

3.7.14User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of Lithuania, friendly relations with foreign states, or public order. Further the Veterinarian shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.

xiv. 3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to Vetforcall. The information that is collected by Vetforcall directly or indirectly from the End- Users and the Veterinarians shall belong to Vetforcall. Copying of the copyrighted content published by Vetforcall on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Vetforcall reserves its rights under applicable law accordingly.

3.8.2Vetforcall authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively,”Vetforcall Content”), are the property of Vetforcall and are protected under copyright, trademark and other laws. User shall not modify the Vetforcall Content or reproduce, display, publicly perform, distribute, or otherwise use the Vetforcall Content in any way for any public or commercial purpose or for personal gain.

3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Vetforcall or with any Veterinarian will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (Critical Content) relating to Veterinarians or other healthcare professionals. The role of Vetforcall in publishing Critical Content is restricted to that of an intermediary under the Information Technology Act, 2000. Vetforcall disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act. Vetforcall shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Vetforcall, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Vetforcall may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  1. Obtaining feedback in relation to Website or Vetforcalls services; and/or
  2. Obtaining feedback in relation to any Veterinarians listed on the Website; and/or

iii. Resolving any complaints, information, or queries by Veterinarians regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by Vetforcall. Vetforcalls Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.10RECORDS

Vetforcall may provide End-Users with a free facility known as Records on its mobile application Vetforcall. Information available in your Records is of two types:

  1. User-created: Information uploaded by you or information generated during your interaction with Vetforcall ecosystem, eg: appointment, medicine order placed by you.
  2. Practice-created: Health Records generated by your interaction with a Veterinarian who uses Vetforcall Ray or other Services of Vetforcall software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

iii. 3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.

  1. 3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Veterinarian and Vetforcall does not validate the said information and makes no representation in connection therewith. You should contact the relevant Veterinarian in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
  2. 3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Vetforcall is not liable for any interruption that may be caused to your access of the Services.
  3. 3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Veterinarian. In the event of any medicine reminders provided by Vetforcall, you should refer to your prescription before taking any medicines. Vetforcall is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Vetforcall app.

vii. 3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Vetforcall is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Vetforcall.

viii. 3.10.6Vetforcall uses industrylevel security and encryption to your Health Records. However, Vetforcall does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Vetforcall of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Vetforcall.com.

  1. 3.10.7If you access your dependents Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Vetforcall assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Vetforcall and its officers against any such claim or liability arising out of unauthorized use of such information.
  2. 3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Veterinarians will continue to be stored in their respective accounts.
  3. 3.10.9You may lose your User created record, if the data is not synced with the server.

xii. 3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

xiii. 3.10.11Vetforcall is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

xiv. 3.10.12The Health Records are shared with the phone numbers that are provided by your Veterinarian. Vetforcall is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Veterinarian.

  1. 3.10.13Vetforcall is not responsible or liable for any content, fact, Health Records, veterinary deduction or the language used in your Health Records whatsoever. Your Veterinarian is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

xvi. 3.10.14Vetforcall has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

xvii. 3.10.15Vetforcall will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

xviii. 3.10.16You agree and acknowledge that Vetforcall may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

xix. 3.10.17You acknowledge that the Veterinarians you are visiting may engage Vetforcall’s software or third party software for the purposes of the functioning of the Veterinarians business and Vetforcall’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Lithuania and outside Lithuania, in accordance with the applicable laws.

  1. 3.10.18To the extent that your Records have been shared with Vetforcall or stored on any of the Vetforcall products used by Veterinarians you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Vetforcall pertaining to such previously visited clinics and hospitals who have tie ups with Vetforcall for the purposes of their business and for Vetforcall’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Lithuania and outside Lithuania, in accordance with the applicable laws and further agree, upon creation of your account with Vetforcall, to the mapping of such Records as may be available in Vetforcalls database to your User account.

3.11Vetforcall MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information clickhere.

  1. 3.12Vetforcall Q&A
  2. 3.12.1Terms for Veterinarians:
  3. Every Veterinarian on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
  4. The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format.The Q&A Platform is not for emergency situations.

iii. Any Q&A interaction cannot be construed as a veterinary consultation with the Veterinarian, in any manner whatsoever.

  1. Vetforcall Users may post questions on veterinary issues (Querist), and these queries can be answered by multiple Veterinarians on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Veterinarian, in any manner whatsoever, by indulging in this Q&A.
  2. The Veterinarian may provideprobableviews, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as veterinary advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
  3. Veterinarian shall not share their personal, religious and/or moral views with the Querist while issuing their response.

vii. The Veterinarian cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ veterinary advice.

viii. The Veterinarian isabsolutely and expressly prohibitedto:

  1. Provide a veterinary diagnosis;
  2. Issue a prescription;
  3. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
  4. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
  5. Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
  6. Promote content and activities which are illegal in nature;
  7. In the event of any breach of these QA T&C, Vetforcall will take appropriate actioninter aliaranging from issuing warnings to removal of Veterinarian from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
  8. Any liability arising out of the response issued by a Veterinarian will be borne solely by the Veterinarian. Q&A Platform is only a platform interface provided by Vetforcall for sharing and exchanging information purposes.
  9. The Q&A Platform shall be audited on a regular basis by Vetforcall for ascertaining compliance by the Veterinarian to Paragraph 6, and the Veterinarians consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Veterinarian.

xii. All general Vetforcall Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of Vetforcall is final and binding on the issues arising under the QA T&C and Vetforcall Terms and Conditions.

iii. 3.12.2Terms for User/Querist:

  1. The personally identifiable information of the querist shall be anonymized by Vetforcall prior to posting the question on the Q&A Platform;
  2. Q&A Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.

iii. User shall not use the Q&A Platform for emergency situations.

  1. The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
  2. Any response provided by the Veterinarian shall not be construed as veterinary advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a veterinary consultation with the Veterinarian, in any manner whatsoever.
  3. It is expressly clarified that no doctor-patient relationship is established between the user and Veterinarian, in any manner whatsoever, by indulging in this Q&A. The Veterinarian may provideprobableviews, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as veterinary advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.

vii. All general Vetforcall Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of Vetforcall is final and binding on the issues arising under the QA T&C and Vetforcall Terms and Conditions.

3.13Vetforcall DIAGNOSTICS

For detailed terms and conditions regarding diagnostics clickhere.

3.14Vetforcall HEALTHCASH

  1. 3.14.1Vetforcall HealthCash is a grant of benefit in the form of credits in the Vetforcall accounts of the Users (Vetforcall HealthCash) in the form and under such circumstances decided by Vetforcall from time to time.
  2. 3.14.2Vetforcall HealthCash can be redeemed by the User only to pay online for the following services on the Website:

Ordering medicines online;

Consulting a doctor online;

Booking diagnostic tests and health check-ups;

Pre-paying for doctor appointment bookings; and

Subscribing to Healthcare plans.

(The above services on the Website are collectively referred to as Permitted Services.)

iii. 3.14.3Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the Vetforcall mobile application; or (iii) the Vetforcall website (www.Vetforcall.com), uses HealthCash to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by Vetforcall from time to time on the respective Vetforcall mobile application or website ( www.Vetforcall.com ), can be redeemed by such User using the Vetforcall HealthCash per transaction.

  1. 3.14.4Vetforcall HealthCash neither can be converted to actual money nor can be transferred to any bank accounts.
  2. 3.14.5The Vetforcall HealthCash received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:

The expiry date associated with Vetforcall HealthCash may vary from time to time. However, the same cannot exceed beyond 2 (Two) years

The expiry date of Vetforcall HealthCash may be intimated to each User by way of SMS or e-mail or in-App notification on the Website.

The expiry date of Vetforcall HealthCash can be viewed by each User in the designated page for HealthCash in the Website.

The User acknowledges that Vetforcall has agreed to offer Vetforcall HealthCash in its sole discretion. Nothing in these Terms shall be interpreted to restrict Vetforcalls right to withdraw the Vetforcall HealthCash before the expiry date.

  1. 3.14.6Vetforcall reserves its discretion to deny Vetforcall HealthCash to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.

vii. 3.14.7Other than the conditions set out in these Terms, accrual, utilization, expiry or any other treatment of Vetforcall HealthCash may be further restricted by the terms governing the specific service or facility offered by Vetforcall or its business associates, the procurement of which entitles Vetforcall HealthCash to a User (HealthCash Terms). In the event of any inconsistency between these Terms and the HealthCash Terms in relation to accrual, utilization, expiry or any other treatment of Vetforcall HealthCash by a User, the HealthCash Terms shall override these Terms to the extent of such inconsistency.

  1. 4.TERMS OF USE VeterinarianS

The terms in this Clause 4 are applicable only to Veterinarians.

viii. 4.1LISTING POLICY

4.1.1Vetforcall, directly and indirectly, collects information regarding the Veterinarians profiles, contact details, and practice. Vetforcall reserves the right to take down any Veterinarians profile as well as the right to display the profile of the Veterinarians, with or without notice to the concerned Veterinarian. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Vetforcall immediately to enable Vetforcall to make the necessary amendments.

4.1.2Vetforcall shall not be liable and responsible for the ranking of the Veterinarians on external websites and search engines

4.1.3Vetforcall shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Vetforcall, where the User has expressly or implicitly consented to the making of disclosures or publications by Vetforcall. If the User had revoked such consent under the terms of the Privacy Policy, then Vetforcall shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Vetforcall prior to its actual receipt of such revocation.

4.1.4Vetforcall reserves the right to moderate the suggestions made by the Veterinarians through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Vetforcall shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Veterinarians are added to the Website.

4.1.5Veterinarians explicitly agree that Vetforcall reserves the right to publish the Content provided by Veterinarians to a third party including content platforms.

4.1.6When you are listed on Vetforcall.com, End-Users may see a show number option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Vetforcall, and the records of such calls are recorded and stored in Vetforcalls servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Vetforcall for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Vetforcall should be used only for appointment and booking purposes, and not for consultation on health-related issues. Vetforcall accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Vetforcall reserves the right to not provide the Services for which such personal information is sought.

4.1.7You as a Veterinarian hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Vetforcall accepts no liability for the same.

  1. 4.2PROFILE OWNERSHIP AND EDITING RIGHTS

Vetforcall ensures easy access to the Veterinarians by providing a tool to update your profile information. Vetforcall reserves the right of ownership of all the Veterinarians profile and photographs and to moderate the changes or updates requested by Veterinarians. However, Vetforcall takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Vetforcalls services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Vetforcall may modify or delete parts of your profile information at its sole discretion with or without notice to you.

  1. 4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Vetforcall

4.3.1All Critical Content is content created by the Users of www.Vetforcall.com(Website)and the clients of Vetforcall customers and Veterinarians, including the End-Users. As a platform, Vetforcall does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an intermediary under the Information Technology Act, 2000. The role of Vetforcall and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Vetforcalls Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

4.3.2Vetforcall reserves the right to collect feedback and Critical Content for all the Veterinarians, Clinics and Healthcare Providers listed on the Website.

4.3.3Vetforcall shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Vetforcall shall not be liable for any effect on Veterinarians business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Vetforcall however, as an intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.

4.3.5Vetforcall will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

4.3.6If Vetforcall determines that you have provided inaccurate information or enabled fraudulent feedback, Vetforcall reserves the right to immediately suspend any of your accounts with Vetforcall and makes such declaration on the website alongside your name/your clinics name as determined by Vetforcall for the protection of its business and in the interests of Users.

  1. 4.4RELEVANCE ALGORITHM

Vetforcall has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Veterinarians. Vetforcall shall not be liable for any effect on the Veterinarians business interests due to the change in the Relevance Algorithm.

xii. 4.5INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Vetforcall.

xiii. 4.6Vetforcall REACH RIGHTS

Vetforcall reserves the rights to display sponsored ads on the Website. These ads would be marked as Sponsored ads. Without prejudice to the status of other content, Vetforcall will not be liable for the accuracy of information or the claims made in the Sponsored ads. Vetforcall does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Vetforcall will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Vetforcall accepts no liability for the same.

xiv. 4.7Vetforcall MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information clickhere.

  1. 4.8BOOK APPOINTMENT AND CALL FACILITY

4.8.1As a valuable partner on our platform we want to ensure that the Veterinarians experience on the Vetforcall booking platform is beneficial to both, Veterinarians and their Users.

For all terms and conditions of Book facility on Vetforcall profile checkBook Standards.

4.8.2Veterinarian understands that, Vetforcall shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Veterinarian. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Vetforcall.

xvi. 4.9Veterinarian UNDERTAKING

The Veterinarian is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Veterinarian shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Lithuania. The Veterinarian shall at all times ensure that all the applicable laws that govern the Veterinarian shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

xvii. 4.10USAGE IN PROMOTIONAL & MARKETING MATERIALS

In recognition of the various offerings and services provided by Vetforcall to Veterinarian, Veterinarian shall (subject to its reasonable right to review and approve): (a) allow Vetforcall to include a brief description of the services provided to Veterinarian in Vetforcalls marketing, promotional and advertising materials; (b) allow Vetforcall to make reference to Veterinarian in case studies, and related marketing materials; (c) serve as a reference to Vetforcalls existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Veterinarians name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

  1. 5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

xviii. 5.1As mandated by Regulation 3(2) of the IG Rules, Vetforcall hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of Lithuania, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

xix. 5.2Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any Vetforcall Content;

transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Vetforcall;

intentionally submitting on the Website any incomplete, false or inaccurate information;

making any unsolicited communications to other Users;

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

copying or duplicating in any manner any of the Vetforcall Content or other information available from the Website;

framing or hot linking or deep linking any Vetforcall Content.

circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

  1. 5.3Vetforcall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Vetforcall shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

xxi. 5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Vetforcall has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

xxii. 5.5Vetforcall may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Vetforcall to transfer sensitive personal data or information including any information, to any other body corporate or a person in Lithuania, or located in any other country, that ensures the same level of data protection that is adhered to by Vetforcall as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Vetforcall or any person on its behalf and the User or where the User has consented to data transfer.

xxiii. Vetforcall respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

  1. 6.TERMINATION

xxiv. 6.1Vetforcall reserves the right to suspend or terminate a Users access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;

A third party reports violation of any of its right as a result of your use of the Services;

Vetforcall is unable to verify or authenticate any information provide to Vetforcall by a User;

Vetforcall has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

Vetforcall believes in its sole discretion that Users actions may cause legal liability for such User, other Users or for Vetforcall or are contrary to the interests of the Website.

xxv. 6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any veterinary services the User has rendered in order to comply with the Users record keeping process and practices.

  1. 7.LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Vetforcall, or any of its directors, officers, employees, agents or content or service providers (collectively, the Protected Entities) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, Users provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

xxvi. provision of or failure to provide all or any service by Veterinarians to End- Users contacted or managed through the Website;

xxvii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

xxviii. any unauthorized access to or alteration of your transmissions or data; or

xxix. any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a Users use of the Website or the Services exceed, in the aggregate Euros 10/- (Ten Euros only)

  1. 8.RETENTION AND REMOVAL

Vetforcall may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

  1. 9.APPLICABLE LAW AND DISPUTE SETTLEMENT

xxx. 9.1You agree that this Agreement and any contractual obligation between Vetforcall and User will be governed by the laws of Lithuania.

xxxi. 9.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Lithuania, before a sole arbitrator appointed by Vetforcall. The seat of such arbitration shall be Vilnius. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

xxxii. 9.3Subject to the above Clause 9.2, the courts at Vilnius shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

  1. 10.CONTACT INFORMATION GRIEVANCE OFFICER

xxxiii. 10.1If a User has any questions concerning Vetforcall, the Website, this Agreement, the Services, or anything related to any of the foregoing, Vetforcall customer support can be reached at the following email address: info@Vetforcall.com or via the contact information available from the following hyperlink:www.Vetforcall.com/contact.

xxxiv. 10.2In accordance with the GDPR, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact us at info@vetforcall.com

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the GDPR Rules, please address your grievance to the above email.

  1. 11.SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. 12.WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Vetforcall. Any consent by Vetforcall to, or a waiver by Vetforcall of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SHOP

This document is an electronic record in terms of The Digital Services Act, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the The Digital Services Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule The Digital Services Act that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of shop.vetforcall.com website.

 

The domain name shop.vetforcall.com, including the related mobile site and mobile application as well as the seller portal (hereinafter referred to as “Platform”) is owned and operated by UAB Daktaras telefonu Internet Private Limited (hereinafter referred to as ‘UAB Daktaras telefonu’).

 

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean UAB Daktaras telefonu.

 

Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with UAB Daktaras telefonu, and these terms and conditions including the policies constitute your binding obligations to UAB Daktaras telefonu.

 

When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

 

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of UAB Daktaras telefonu’s policies applicable to you, as amended, from time to time.

 

Seller Eligibility

 

The use of the Platform is available only to persons who can form legally binding contracts under the Lithuanian civil code. Persons who are “incompetent to contract” within the meaning of the Lithuanian Civil Code including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. UAB Daktaras telefonu reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to UAB Daktaras telefonu’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.

 

Your Account and Registration Obligations

 

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

 

Seller Account Deactivation:

 

As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said seller for downloading payment and taxation reports, if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by UAB Daktaras telefonu at all times, such as registered mobile number, registered email ID, ASMEN KODAS (INDIVIDUAL CODE) and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with UAB Daktaras telefonu again, he/she will not be able to create a new account but the older account can be restored if it is required.

 

 

 

Communications

 

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

 

Platform for Transaction and Communication

 

The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. UAB Daktaras telefonu is not and cannot be a party to any transaction or dispute between users on the Platform.

 

Consequently:

 

1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. UAB Daktaras telefonu does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

 

2. UAB Daktaras telefonu does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. UAB Daktaras telefonu does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. UAB Daktaras telefonu accepts no liability for any errors or omissions of third parties in relation to the products and services.

 

3. UAB Daktaras telefonu is not responsible for any non-performance or breach of any contract between you and buyers. UAB Daktaras telefonu cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. UAB Daktaras telefonu shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.

 

4. UAB Daktaras telefonu does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.

 

5. UAB Daktaras telefonu does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

 

6. At no time shall UAB Daktaras telefonu hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. UAB Daktaras telefonu is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

 

7. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. UAB Daktaras telefonu only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.

 

8. You release and indemnify UAB Daktaras telefonu and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, UAB Daktaras telefonu cannot control the information provided by other users which is made available on the Platform. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.

 

Use of the Platform

 

You agree and understand that UAB Daktaras telefonu and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. UAB Daktaras telefonu shall bear no responsibility or liability in relation to or arising out of third party user generated content. UAB Daktaras telefonu neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. UAB Daktaras telefonu is merely an intermediary and does not interfere in the transaction between buyers and sellers.

 

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

 

1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

 

(a) belongs to another person and over which you have no right;

 

(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’;

 

(c) is false, inaccurate or misleading in any way;

 

(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

 

(e) harasses or advocates harassment of another person;

 

(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys

 

(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

 

(h) infringes upon or violates any third party’s rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];

 

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

 

(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);

 

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;

 

(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

 

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;

 

(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.

 

Throughout the ToU, UAB Daktaras telefonu’s prior written consent means a communication coming from UAB Daktaras telefonu’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

 

(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

 

(q) interferes with another’s use and enjoyment of the Platform;

 

(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;

 

(s) harms minors in any way;

 

(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

 

(u) violates any law for the time being in force;

 

(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

 

(w) impersonates another person;

 

(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

 

(y) threatens the unity, integrity, defense, security or sovereignty of Lithuania, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.

 

(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

 

(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

 

2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.

 

3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.

 

4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.

 

5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms UAB Daktaras telefonu, Vetforcall.com, shop.vetforcall.com or otherwise engage in any conduct or action that might tarnish the image or reputation of UAB Daktaras telefonu or sellers on the platform or otherwise tarnish or dilute any UAB Daktaras telefonu trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or UAB Daktaras telefonu’s systems, networks, or any systems or networks connected to UAB Daktaras telefonu.

 

6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.

 

7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

 

8. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of UAB Daktaras telefonu and/or others.

 

9. You shall at all times ensure full compliance with the applicable provisions of the The Digital Services Act, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of Lithuania, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

10. You shall strictly comply with the EU Regulations and Other Applicable Sanctions Regulations as may be amended from time to time.

 

11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of UAB Daktaras telefonu.

 

12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.

 

13. You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. UAB Daktaras telefonu shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect UAB Daktaras telefonu’s views. In no event shall UAB Daktaras telefonu assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.

 

14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.

 

15. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

 

16. UAB Daktaras telefonu shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

 

17. UAB Daktaras telefonu and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organise/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Sellers who will be eligible for the benefits of the campaign. All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign. In the event any Seller does not qualify based on the objective criteria, Sellers may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For avoidance of any doubt, some Sellers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.

 

 

Selling

 

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. UAB Daktaras telefonu reserves the right to delete such multiple listings of the same product listed by you in various categories. UAB Daktaras telefonu reserves the right to restrict the selling of products originating from certain countries.

 

For Food and Nutrition category, seller shall adhere to the minimum balance shelf life norms as provided at the link here

 

Compliance on selling of goods/services

 

You shall also ensure full compliance with the provisions of VMI, SODRA, import tax, profit tax, VAT and any applicable taxes, locally or nationally or based on EU regulations, in respect of the goods/services supplied by you.

 

It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. UAB Daktaras telefonu shall not be responsible for any deficiency and/ or omission on your part.

 

In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to UAB Daktaras telefonu to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

 

You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.

 

You shall also be required to provide your ASMEN KODAS (INDIVIDUAL CODE) , without which we will not be able to raise an invoice on you. In the event that you do not provide your ASMEN KODAS (INDIVIDUAL CODE) number, transactions on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, UAB Daktaras telefonu would be issuing an invoice to the registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said A.K registration number.

 

In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.

 

You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the Platform, from UAB Daktaras telefonu or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of Lithuania. We may require you to provide certification (including auditors certificate) to confirm compliance with this requirement.

 

We do not mandate that any of your Products should be sold exclusively on the Platform. For the sake of clarity, effective February 01, 2021, UAB Daktaras telefonu unilaterally waives any obligation on You to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.

 

Content Posted on the Platform

 

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and UAB Daktaras telefonu has no responsibility or liability over such third-party generated Content as UAB Daktaras telefonu is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without UAB Daktaras telefonu’s prior written consent.

 

You may use the information on the products and services made available on the Platform for downloading provided you:

 

(1) do not remove any proprietary notice language in all copies of such Content;

 

(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;

 

(3) make no modifications to any Content; and

 

(4) do not make any additional representations or warranties relating to the Content.

 

You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.

 

Limited License

 

UAB Daktaras telefonu grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by UAB Daktaras telefonu” and/or “UAB shop.vetforcall.com” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, UAB Daktaras telefonu grants sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “shop.vetforcall.com” name and/or logo on packing material used by sellers for delivery of Products sold on the Platform.

 

Types of Sellers

 

All registered sellers are categorized into following tiers:

 

Pet products

Pet food

Pet related items and accessories

 

 

 

This is done basis following criteria

 

sales achieved by sellers (revenues and units)

 

fulfilment experience provided to customers (breaches and cancellations)

 

Percentage of local/zonal shipment out of your overall shipment

 

percentage of overall shipments supplied in the same zone to customers by the seller

 

customer feedback against the products sold by such sellers (returns and ratings), etc.

 

 

UAB Daktaras telefonu reserves the right to revise the categories, criteria, and benefits to promote healthy competition amongst the sellers so that their performance lead to better customer experience on the Platform.

 

Payment

 

1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render UAB Daktaras telefonu liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.

 

2. You have specifically authorized UAB Daktaras telefonu or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with UAB Daktaras telefonu is on a principal to principal basis and by accepting the ToU, you agree that UAB Daktaras telefonu is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. UAB Daktaras telefonu does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

 

3. You understand, accept, and agree that the payment facility provided by UAB Daktaras telefonu is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, UAB Daktaras telefonu neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

 

It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at UAB Daktaras telefonu’s sole discretion.

 

4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.

 

Dispatch of products and/or services 1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, UAB Daktaras telefonu will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform

 

2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to UAB Daktaras telefonu in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.

 

3. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to UAB Daktaras telefonu on demand within the time frame as notified from time to time.

 

4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.

 

5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.

 

6. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:

 

a) Buyer confirms the delivery of products and/or services in the transaction;

 

b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

 

c) Buyer’s refund claim is rejected by UAB Daktaras telefonu due to any breach of the ToU, policies, and any applicable law;

 

Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with Intermediary Guidelines.

 

7. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by UAB Daktaras telefonu.

 

Prepaid Payment Instruments

 

UAB Daktaras telefonu may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:

 

Such prepaid instruments may be used to make payments for the products and/or services purchased on the Platform

 

Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.

 

Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.

 

If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.

 

If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.

 

Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.

 

Prepaid instruments cannot be redeemed for cash.

 

UAB Daktaras telefonu is not responsible if prepaid instruments are lost, stolen, or used without permission.

 

Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.

 

Purchases of prepaid instruments are not eligible for cashback offers.

 

All sellers on the Platform will accept this prepaid instrument as a payment instrument.

 

UAB Daktaras telefonu will make payments to sellers whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Bank of Lithuania from time to time.

 

Financial Facilities for customers

 

UAB Daktaras telefonu has operationalized tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of the amount due from such partners, any and all receivables due from the customers shall stand assigned in favour of the partner. You hereby authorize UAB Daktaras telefonu to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the seller may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.

 

Charges

 

Registration on the Platform is free. UAB Daktaras telefonu does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. UAB Daktaras telefonu reserves the right to change its fee policy from time to time. In particular, UAB Daktaras telefonu may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, UAB Daktaras telefonu reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Lithuanian Rupees (INR) and payable to UAB Daktaras telefonu. You shall be solely responsible for compliance with all applicable laws for making payments to UAB Daktaras telefonu. You hereby agree that UAB Daktaras telefonu shall have the right to set off any amounts due and payable by You to UAB Daktaras telefonu against any payments due from UAB Daktaras telefonu to You.

 

Taxes: You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon.

 

1. A seller agrees that UAB Daktaras telefonu may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. UAB Daktaras telefonu, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that UAB Daktaras telefonu reserves the right to withdraw Express Remittance at any time for any violation of the ToU or UAB Daktaras telefonu’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by UAB Daktaras telefonu from time to time.

 

2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by UAB Daktaras telefonu shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.

 

A seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the seller shall ensure that invoices state ‘Powered by UAB Daktaras telefonu’ and failing to do so, a seller shall be liable to chargebacks (as applicable).

 

3. In case of any chargebacks levied by the bank, UAB Daktaras telefonu shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, UAB Daktaras telefonu shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event UAB Daktaras telefonu has made any excess payment to the seller inadvertently, such excess payments shall be set-off from any future payments payable by UAB Daktaras telefonu to the seller.

 

4. UAB Daktaras telefonu may delay notifying the payment confirmation, i.e. informing the seller to dispatch if UAB Daktaras telefonu deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, UAB Daktaras telefonu may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.

 

5. Sellers acknowledge that UAB Daktaras telefonu will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of UAB Daktaras telefonu.

 

6. UAB Daktaras telefonu shall make payments into the bank account provided by a seller during the seller registration process. Once UAB Daktaras telefonu has made payments into such a bank account number, UAB Daktaras telefonu shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

 

Compliance with Laws:

 

1.Seller shall sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the [*] (“Products”) on shop.vetforcall.com under applicable

 

laws, from time to time, including, the Food Safety and Standards, Food safety and standards (licensing and registration of food business), Regulations and all applicable legislations under FoodSafety and Standards Regulations, in each case, as amended from time to time. For all times during which the seller may advertise, distribute, market, supply or sell the Products on shop.vetforcall.com, the undertaking remains true and correct in all respects. Further, the seller shall immediately notify UAB Daktaras telefonu, in writing, upon the lapse of the License and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to the License. The seller acknowledges and agrees that UAB Daktaras telefonu be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes.Seller shall also comply with the Legal Metrology Act, 2009 and the related rules and regulations while listing products on the platform shop.vetforcall.com. Seller shall be required to enter the mandatory attributes while listing products on the platform (including but not limited to the country of origin of the product) as provided under the Legal Metrology Packaged Commodity Rules and the related amendments.

 

 

 

 

2. In the event of sale of jewellery, the seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and UAB Daktaras telefonu shall not be liable whatsoever for any non-compliance in this regard.

 

3. In the event of sale of jewellery, Seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. UAB Daktaras telefonu hereby disclaims any responsibility for conducting Buyer KYC.

 

4. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.

 

5. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the EU regulations and sanctions as well as Lithunian‘s sanction acts and regulations.

 

6. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of UAB Daktaras telefonu (or any UAB Daktaras telefonu group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“UAB Daktaras telefonu’s Personal Information”), you agree to:

 

comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to The Digital Services Act and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside Lithuania;

 

keep and maintain all UAB Daktaras telefonu’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and

 

process UAB Daktaras telefonu’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorized disclosure of UAB Daktaras telefonu’s Personal Information to any third party.

 

7. If and to the extent that you provide yours or others’ Personal Information to UAB Daktaras telefonu for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to UAB Daktaras telefonu or any processing by UAB Daktaras telefonu under this ToU. We will only use information provided by you in accordance with this ToU and our Privacy Policy available at shop.vetforcall.com.

 

 

 

8. You undertake sole and exclusive responsibility to ensure that the products you want to list on shop.vetforcall.com for Sales are permissible for such a Sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land, UAB Daktaras telefonu’s Prohibited and Restricted Items Policy, or other UAB Daktaras telefonu policies/Lithuanian Laws listed in Seller Learning Portal.

 

 

 

9. Products must adhere to the legal metrology laws and Lithuanian Labelling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilisation by the customer. UAB Daktaras telefonu does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against the seller in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, the seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which UAB Daktaras telefonu can temporarily/indefinitely suspend/terminate/block/with-hold your account at its own discretion.

 

 

 

Product Description

 

UAB Daktaras telefonu does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

Audits

 

UAB Daktaras telefonu shall have the right to inspect and audit seller’s records and premises / place of business through itself or through UAB Daktaras telefonu approved third party testing agencies. Cost of such an audit shall solely be borne by UAB Daktaras telefonu unless the audit reflects discrepancy in seller accounts / non-compliance with UAB Daktaras telefonu’s seller policies, in which case the cost of audit shall be borne by the seller.

 

Breach

 

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:

 

1. if you breach the ToU, privacy policy or other policies (if any);

 

2. if we are unable to verify or authenticate any information you provide;

 

3. if it is believed that your actions may cause legal liability for you, other users, or us; or

 

4. if you do not produce the legal requirement documents such as, the documents required for product sales in the Drugs and Cosmetics category, the BIS license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by UAB Daktaras telefonu Authorities.

 

 

 

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

 

Indemnity

 

You shall indemnify and hold harmless UAB Daktaras telefonu its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

 

Trademark complaint

 

UAB Daktaras telefonu respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to UAB Daktaras telefonu at info@vetforcall.com.

 

Copyright complaint

 

UAB Daktaras telefonu respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to UAB Daktaras telefonu at info@vetforcall.com or raise an incident from your seller dashboard

 

Trademark, Copyright and Restriction

 

The Website is controlled and operated by UAB Daktaras telefonu and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute UAB Daktaras telefonu’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

 

Limitation of Liability

 

IN NO EVENT SHALL UAB DAKTARAS TELEFONU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF UAB DAKTARAS TELEFONU HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

Applicable Law

 

The ToU shall be governed, interpreted, and construed in accordance with the laws of Lithuania.

 

 

Contact Us

 

Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard.