These Terms are binding on any use of the Service and apply to You from the time that Vet Dental Charts provides You with access to the Service.
By registering to use the Vet Dental Chart Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were last updated on 16 September 2015.
Section One Definitions
“Access Fee” means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Vet Dental Charts may change from time to time on notice to You).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” means the online veterinarian dental chart management services made available (as may be changed or updated from time to time by Vet Dental Charts) via the Website.
“Website” means the Internet site at the domain www.vetdentalcharts.com or any other site or application operated by Vet Dental Charts.
“Vet Dental Charts” means Vet Dental Charts which is a joint venture between Inner-Circle Limited and David E Clark PTY and all current and future global subsidiaries of Vet Dental Charts.
“Invited User” means any person or entity, other than the Subscriber, that uses the Service as part of a vetrenarian clinic or as a professional contractor with the authorisation of the Subscriber from time to time.
“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
“Clinic” means a single location, building or branch in the case of multi clinc entities. “Practice” has a corrosponding meaning.
Section Two Use of Software
Vet Dental Charts grants You the right to access and use the Service via the Website with the particular clinic, practice and user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
1. the Subscriber determines who is an Invited User;
2. the Subscriber is responsible for all Invited Users’ use of the Service;
3. if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
Section Three Your Obligations
3.1.0 Payment obligations:
The name that will appear on your invoices and statements will be Vet Dental Charts. An invoice for the Access Fee will be issued each month starting from the date You added Your first Clinic to Your Vet Dental Charts account. All annual invoices will include the Access Fee for the period of one year of use. Vet Dental Charts will continue to invoice You annually until this agreement is terminated in accordance with clause 8.
The name that will appear on your invoices and statements will be Vet Dental Charts. An invoice for the Access Fee will be issued each month starting from the date You added Your first Clinic to Your Vet Dental Charts account. All invoices will include the Access Fee for the a period of one month of use. Vet Dental Charts will continue invoicing You monthly until this Agreement is terminated in accordance with clause 8.
All Vet Dental Charts invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.
3.2.0 Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of Clinics that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service (‘Clinics’). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Clinics. Without prejudice to any other rights that Vet Dental Charts may have under these Terms or at law, Vet Dental Charts reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Clinics in the event that any invoices for those Access Fees are not paid in full by the due date for payment.
3.2.3 General obligations:
You must only use the Service and Website for Your own lawful veternairy business purposes, in accordance with these Terms and any notice sent by Vet Dental Charts or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
3.4.0 Access conditions:
3.4.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential within your clinic. You must immediately notify Vet Dental Charts of any unauthorised use of Your passwords or any other breach of security and Vet Dental Charts will reset Your password and You must take all other actions that Vet Dental Charts reasonably deems necessary to maintain or enhance the security of Vet Dentals computing systems, networks and databases and Your access to the Services.
3.4.2. As a condition of these Terms, when accessing and using the Services, You must:
220.127.116.11 not attempt to undermine the security or integrity of Vet Dental Charts computing systems, networks and databases or, where the Services are hosted by a third party, that third party’s computing systems and networks;
18.104.22.168 not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
22.214.171.124 not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
126.96.36.199 not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
188.8.131.52 not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs or images used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
3.5.0 Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to daily charting transaction volumes, storage limits and the number of calls You are permitted to make against Vet Dental Charts software and networks. Any such limitations will be advised.
3.6.0. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, or education centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Vet Dental Charts is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Vet Dental Charts does reserve the right to remove any communication at any time in its sole discretion.
You indemnify Vet Dental Charts against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Vet Dental Charts, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
Section Four Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
4.1.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
4.1.2 Each party’s obligations under this clause will survive termination of these Terms.
4.1.3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
184.108.40.206 is or becomes public knowledge other than by a breach of this clause;
220.127.116.11 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
18.104.22.168 is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
22.214.171.124 is independently developed without access to the Confidential Information.
126.96.36.199 is part of a clinical study authorised by Vet Dental Charts
Section Five Intellectual Property
Title to, and all Intellectual Property Rights in the Services, the Website and any images or documentation relating to the Services remain the property of Vet Dental Charts (or its licensors).
5.2.0 Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the vetdentalcharts.com Access Fee when due. You grant Vet Dental Charts a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services or any clinical studies authorised by Vet Dental Charts and for any other purpose related to provision of services to You.
5.3.0 Backup of Data:
You must maintain copies of all Data inputted into the Service. Vet Dental Charts adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Vet Dental Charts expressly excludes liability for any loss of Data no matter how caused.
5.4.0 Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Vet Dental Charts may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Vet Dental Charts shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
Section Six Warranties and Acknowledgements
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
Section Seven Acknowledgement:
7.1.0.You acknowledge that:
7.1.1 You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the dental charts that are made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
7.1.2 Vet Dental Charts has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
7.1.3 You are responsible for ensuring that You have the right to do so;
7.1.4 You are responsible for authorising any person who is given access to information or Data, and you agree that Vet Dental Charts has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
7.1.5 You will indemnify Vet Dental Charts against any claims or loss relating to:
Vet Dental Charts refusal to provide any person access to Your information or Data in accordance with these Terms,
7.1.6 Vet Dental Charts making available information or Data to any person with Your authorisation.
7.2.0 The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.
7.3.0 Vet Dental Charts does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Vet Dental Charts is not in any way responsible for any such interference or prevention of Your access or use of the Services.
7.4.0 Vet Dental Charts are veterinarians and use of the Services does not constitute the receipt of veterinary, clinical, medical or dental advice. If You have any clinical or medical or dental questions, please contact an veterinary dental specialist.
7.5.0 It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
7.6.0 You remain solely responsible for complying with all applicable clinical, medical and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain medical or clinical records).
7.7.0 No warranties:
Vet Dental Charts gives no warranty about the Services. Without limiting the foregoing, Vet Dental Charts does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
7.8.0 Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
Section Eight Limitation of Liability
8.1.0 To the maximum extent permitted by law, Vet Dental Charts excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
8.2.0 If You suffer loss or damage as a result of Vet Dental Charts negligence or failure to comply with these Terms, any claim by You against Vet Dental Charts arising from Vet Dental Charts negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 3 months.
8.3.0 If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
Section Nine Termination
9.1.0 Prepaid Subscriptions
Vet Dental Charts will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
9.2.0 No-fault termination:
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1.0 At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
9.3.1 breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
9.3.2 breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
9.3.3 You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Vet Dental Charts may take any or all of the following actions, at its sole discretion:
9.3.4 Terminate this Agreement and Your use of the Services and the Website;
9.3.5 Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
9.3.6 Suspend or terminate access to all or any Data.
9.3.7 Take either of the actions in sub-clauses (d), (e) and (f) of this clause 8(4) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Clinics (as defined at clause 3) is not made in full by the relevant due date, Vet Dental Charts may: suspend or terminate Your use of the Service, the authority for all or any of Your Clinics to use the Service, or Your rights of access to all or any Data.
9.3.8 Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
9.3.9 remain liable for any accrued charges and amounts which become due for payment before or after termination; and
9.3.10 immediately cease to use the Services and the Website.
9.4.0 Expiry or termination:
Clauses 3.1.0, 3.7.0, and Sections 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
Section Ten Support / Help Desk
10.1.0 Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Vet Dental Charts. If You still need technical help, please check the support provided online by Vet Dental Charts on the Website or failing that email us at [email protected]le.co.nz
10.2.0 Service availability:
Whilst Vet Dental Charts intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Vet Dental Charts has to interrupt the Services for longer periods than Vet dental Charts would normally expect, Vet Dental Charts will use reasonable endeavours to publish in advance details of such activity on the Website.
Section Eleven General
11.1.0 Entire agreement:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
11.4.0 No Assignment:
You may not assign or transfer any rights to any other person without Vet Dental Charts prior written consent.
11.5.0 Governing law and jurisdiction:
In all situations this Agreement is governed by the laws of Australia and You hereby submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Vet Dental Charts must be sent to [email protected] or to any other email address notified by email to You by Vet Dental Charts. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
11.8.0 Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Vet Dental Charts collects Your personal information
Vet Dental Charts is a provider of veternarian dental charting software that’s simple, smart, and gives clinics and their staff visibility of a patients dental health.
The Service involves the storage of Data about a clinic, individual or animal. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, as well as clinical information regarding pathology and treatment.
Vet Dental Charts may collect personal information directly from You when You:
- register to use the Service,
- use the Service,
- post to the forum, or on our website,
- contact the Vet Dental Chart support team, and
- visit our Website.
You can always choose not to provide Your personal information to Vet Dental Charts, but it may mean that we are unable to provide You with the Service.
Vet Dental Charts may receive personal information from You about others
Through Your use of the Service, Vet Dental Charts may also collect information from You about someone else. If You provide Vet Dental Charts with personal information about someone else, You must ensure that You are authorised to disclose that information to Vet Dental Charts and that, without Vet Dental Charts taking any further steps required by applicable data protection or privacy laws, Vet Dental Charts may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, Vet Dental Charts identity, and how to contact Vet Dental Charts.
Where requested to do so by Vet Dental Charts, You must also assist Vet Dental Charts with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
Vet Dental Charts collects, holds, and uses Your personal information for limited purposes
Vet Dental Charts collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, Vet Dental Charts may use the personal information we have collected from You for purposes related to the Services including to:
- verify Your identity,
- administer the Service,
- notify You of new or changed services offered in relation to the Service,
- carry out marketing or training relating to the Service,
- carry out clinical studies,
- assist with the resolution of technical support issues or other issues relating to the Service,
- comply with laws and regulations in applicable jurisdictions, and
- communicate with You.
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. Vet Dental Charts will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the “forgot my password” process.
Vet Dental Charts can aggregate Your non-personally identifiable data
By using the Service, You agree that Vet Dental Charts can access, aggregate and use non-personally identifiable data Vet Dental Charts has collected from You. This data will in no way identify You or any other individual.
Vet Dental Charts may use this aggregated non-personally identifiable data to:
- assist us to better understand how our customers are using the Service,
- provide our customers with further information regarding the uses and benefits of the Service,
- clinical studies
- enhance clinic productivity, including by creating useful business insights from that aggregated data and allowing You to benchmark Your business’ performance against that aggregated data, and
- otherwise to improve the Service.
Vet Dental Charts holds your personal information on servers located in the U.S.
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to Vet Dental Charts third party servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located in the United States of America (U.S.), primarily by Parse, and Your personal information will be routed through, and stored on, those servers as part of the Service. Parse complies with relevant aspects of the U.S.-EU Safe Harbor Framework and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing Your personal information to Vet Dental Charts, You consent to Vet Dental Charts storing Your personal information on servers hosted in the U.S. While Your personal information will be stored on servers located in the U.S., it will remain within Vet Dental Charts effective control at all times. The server host’s role is limited to providing a hosting and storage service to Vet Dental Charts, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
If You do not want Your personal information to be transferred to a server located in the U.S., You should not provide Vet Dental Charts with Your personal information or use the Service.
Vet Dental Charts does not store Your credit card details
You may request access to Your personal information from Vet Dental Charts
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at [email protected]
Vet Dental Charts will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service unless we are required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, Vet Dental may utilise “cookies”. A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track”.
You can opt-out of any email communications
Vet Dental Charts sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. Vet Dental Charts will remove You at Your request.
You are responsible for transfer of Your data to third-party applications
Vet Dental Charts has a privacy complaints process
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
- by e-mail at [email protected]
Our Privacy Officer will endeavour to:
- provide an initial response to Your query or complaint within 10 business days, and
- investigate and attempt to resolve Your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
This policy may be updated from time to time
Vet Dental reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Vet Dental will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
Last updated: SEPTEMBER 2015